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1 | AN ACT concerning counties.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 5-1041 and 5-1042 as follows:
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6 | (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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7 | Sec. 5-1041. Maps, plats and subdivisions ; impact fees . | ||||||||||||||||||||||||||
8 | (a) A county board may prescribe,
by resolution or | ||||||||||||||||||||||||||
9 | ordinance, reasonable rules and regulations governing the
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10 | location, width and course of streets and highways and of | ||||||||||||||||||||||||||
11 | floodplain,
stormwater and floodwater runoff channels and | ||||||||||||||||||||||||||
12 | basins, any land acquisition under subsection (b), and
the | ||||||||||||||||||||||||||
13 | provision of
necessary public grounds for fire protection, | ||||||||||||||||||||||||||
14 | schools, public libraries, parks or
playgrounds, and the county | ||||||||||||||||||||||||||
15 | government in any map, plat or subdivision of any block, lot or | ||||||||||||||||||||||||||
16 | sub-lot
or any part thereof or any piece or parcel of land, not | ||||||||||||||||||||||||||
17 | being within any
city, village or incorporated town. The rules | ||||||||||||||||||||||||||
18 | and regulations may include
such reasonable requirements with | ||||||||||||||||||||||||||
19 | respect to water supply and sewage
collection and treatment as | ||||||||||||||||||||||||||
20 | may be established by the Environmental
Protection Agency, and | ||||||||||||||||||||||||||
21 | such reasonable requirements with respect to
floodplain and | ||||||||||||||||||||||||||
22 | stormwater management as may be established by the County
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23 | Stormwater Management Committee established under Section | ||||||||||||||||||||||||||
24 | 5-1062 of this
Code, and such reasonable requirements with | ||||||||||||||||||||||||||
25 | respect to street drainage and
surfacing as may be established | ||||||||||||||||||||||||||
26 | by the
county engineer or superintendent of highways and which | ||||||||||||||||||||||||||
27 | by 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 that | ||||||||||||||||||||||||||
30 | the map, plat or subdivision shall be submitted to the
county | ||||||||||||||||||||||||||
31 | board or to some officer to be designated by the county board | ||||||||||||||||||||||||||
32 | for
its
their or his or her approval. The county board shall |
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1 | have a qualified engineer
make an estimate of the probable | ||||||
2 | expenditures necessary to enable any
person to conform with the | ||||||
3 | standards of construction established by the
board pursuant to | ||||||
4 | the provisions of this Section. Except as provided in
Section 3 | ||||||
5 | of the Public Construction Bond Act, each person who seeks
the | ||||||
6 | county board's approval of a map, plat or subdivision shall | ||||||
7 | post a
good and sufficient cash bond, irrevocable letter of | ||||||
8 | credit, surety
bond, or other adequate security with the county | ||||||
9 | clerk,
in a penal sum sufficient to cover the estimate of | ||||||
10 | expenditures made by the
estimating engineer. The cash bond, | ||||||
11 | irrevocable letter of credit,
surety bond, or other adequate | ||||||
12 | security shall be
conditioned upon faithful adherence to the | ||||||
13 | rules and regulations of the
county board promulgated pursuant | ||||||
14 | to the authorization granted to it by
this Section or by | ||||||
15 | Section 5-1062 of this Code, and in such cases no such
map, | ||||||
16 | plat or subdivision shall be recorded
entitled to record in the | ||||||
17 | proper county
or have any validity until it has been so | ||||||
18 | approved.
If the county board requires a cash bond, letter of | ||||||
19 | credit, surety, or any
other method to cover the costs and | ||||||
20 | expenses and to insure completion of the
requirements, the | ||||||
21 | requirements shall be subject to the provisions of Section
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22 | 5-1123 of this Code.
This Section is subject to the provisions | ||||||
23 | of Section 5-1123.
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24 | The county board may, by resolution, provide a schedule of | ||||||
25 | fees sufficient
to reimburse the county for the costs incurred | ||||||
26 | in reviewing such maps, plats
and subdivisions submitted for | ||||||
27 | approval to the county board. The
fees authorized by this | ||||||
28 | Section are to be paid into the general
corporate fund of the | ||||||
29 | county by the party desiring to have the plat
approved.
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30 | For purposes of implementing ordinances regarding
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31 | developer donations or impact fees and only for the purpose of | ||||||
32 | expenditures
thereof, "public grounds
for schools" is defined | ||||||
33 | as including land or site
improvements, which include school | ||||||
34 | buildings or other infrastructure
necessitated and | ||||||
35 | specifically and uniquely attributable to the development
or
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36 | subdivision in question.
This amendatory
Act of the 93rd |
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1 | General Assembly applies to all impact fees or developer
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2 | donations paid into a school district or held in a separate | ||||||
3 | account or escrow
fund
by any school district or county for a | ||||||
4 | school district.
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5 | No officer designated by a county board for the approval of | ||||||
6 | plats
shall engage in the business of surveying, and no map, | ||||||
7 | plat or
subdivision shall be received for record or have any | ||||||
8 | validity which has
been prepared by or under the direction of | ||||||
9 | such plat officer.
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10 | It is the intention of this amendatory Act of 1990 to | ||||||
11 | repeal the
language added to Section 25.09 of "An Act to revise | ||||||
12 | the law in relation to
counties", approved March 31, 1874, by | ||||||
13 | P.A. 86-614, Section 25.09 of that
Act being the predecessor of | ||||||
14 | this Section.
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15 | (b) A county board may
impose a development impact fee on a | ||||||
16 | developer that is undertaking a residential, commercial, or | ||||||
17 | industrial project that is being newly constructed, | ||||||
18 | reconstructed, redeveloped, enlarged, or otherwise developed | ||||||
19 | and that will generate additional demands for services from the | ||||||
20 | county or a school district, park district, library district, | ||||||
21 | or fire protection district located in the county. A county | ||||||
22 | board may impose an impact fee by ordinance,
resolution, or | ||||||
23 | development agreement. A county board may impose an impact fee | ||||||
24 | for the county or an affected school, park, library, or fire | ||||||
25 | protection district for: acquisition of land; capital | ||||||
26 | developments; capital improvements to the county highway | ||||||
27 | system; capital improvements to buildings or other real | ||||||
28 | property; acquisition of equipment; or additional personnel. | ||||||
29 | An
impact fee payable by a developer may not exceed a | ||||||
30 | proportionate share of the
costs incurred or the costs that | ||||||
31 | will be incurred by the county or a school, park,
library, or
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32 | fire protection district that are specifically and uniquely | ||||||
33 | attributable to the
new development or subdivision. The county | ||||||
34 | must
work with and include representatives of school, park, | ||||||
35 | library, and fire protection districts that are affected by the | ||||||
36 | development or subdivision in determining
development impact |
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1 | fees to be assessed on behalf of the county and the districts.
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2 | In calculating the amount of an impact fee under this Section, | ||||||
3 | the county must consider, without limitation, for the county | ||||||
4 | and the affected school, park, library, or fire protection | ||||||
5 | districts (i) the demand for land, capital developments, | ||||||
6 | capital
improvements, equipment, or personnel generated by the | ||||||
7 | development or subdivision (ii) the direct and material benefit | ||||||
8 | to the development or subdivision because of the land, capital | ||||||
9 | development, capital improvement, equipment, or personnel that | ||||||
10 | will be financed by the impact fee, and (iii) the acreage and | ||||||
11 | the value of the acreage required for a capital development or
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12 | capital improvement. | ||||||
13 | All development impact fees collected under this Section | ||||||
14 | shall be deposited
into interest bearing accounts designated | ||||||
15 | for
each unit of local government affected by the new | ||||||
16 | development for one or more of the authorized purposes. | ||||||
17 | Interest earned shall be deposited into the account. The
county | ||||||
18 | is accountable to each of those units of local
government
for | ||||||
19 | the expenditure of those moneys.
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20 | (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
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21 | (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
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22 | Sec. 5-1042. Maps, plats and subdivisions and impact fees | ||||||
23 | in certain
counties.
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24 | (a) In any county with a population not
in excess of | ||||||
25 | 500,000 located in the area served by the Northeastern
Illinois | ||||||
26 | Metropolitan Planning Commission, a county board may
establish | ||||||
27 | by ordinance or resolution of record
reasonable rules and | ||||||
28 | regulations governing the location, width and
course of streets | ||||||
29 | and highways, any land acquisition under subsection (b), and
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30 | the provision of public grounds for
fire protection, schools, | ||||||
31 | parks or playgrounds, and the county government in any map, | ||||||
32 | plat or subdivision of any
block, lot or sub-lot or any part | ||||||
33 | thereof or any piece or parcel of land
in the county, not being | ||||||
34 | within any city, village or incorporated town
in the county | ||||||
35 | which rules and regulations may include such reasonable
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1 | requirements with respect to water supply and sewage collection | ||||||
2 | and
treatment, and such reasonable requirements with respect to | ||||||
3 | street drainage
and surfacing, as may be established by the | ||||||
4 | county board as minimum
requirements in the interest of the | ||||||
5 | health, safety and convenience of the
public of the county; and | ||||||
6 | may require by ordinance or
resolution of record that any map, | ||||||
7 | plat or subdivision shall be
submitted to the county board or | ||||||
8 | some officer to be designated by the
county board for its or | ||||||
9 | his approval in the manner provided in Section
5-1041, and to | ||||||
10 | require bonds and charge fees as provided in Section 5-1041.
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11 | This Section is subject to the provisions of Section 5-1123.
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12 | For purposes of implementing ordinances regarding
| ||||||
13 | developer donations or impact fees and only for the purpose of | ||||||
14 | expenditures
thereof, "public grounds for
schools" is defined | ||||||
15 | as including land or site
improvements, which include school | ||||||
16 | buildings or other infrastructure
necessitated and | ||||||
17 | specifically and uniquely attributable to the development
or
| ||||||
18 | subdivision in question.
This amendatory
Act of the 93rd | ||||||
19 | General Assembly applies to all impact fees or developer
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20 | donations paid into a school district or held in a separate | ||||||
21 | account or escrow
fund
by any school district or county for a | ||||||
22 | school district.
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23 | (b) A county board may
impose a development impact fee on a | ||||||
24 | developer that is undertaking a residential, commercial, or | ||||||
25 | industrial project that is being newly constructed, | ||||||
26 | reconstructed, redeveloped, enlarged, or otherwise developed | ||||||
27 | and that will generate additional demands for services from the | ||||||
28 | county or a school district, park district, library district, | ||||||
29 | or fire protection district located in the county. A county | ||||||
30 | board may impose an impact fee by ordinance,
resolution, or | ||||||
31 | development agreement. A county board may impose an impact fee | ||||||
32 | for the county or an affected school, park, library, or fire | ||||||
33 | protection district for: acquisition of land; capital | ||||||
34 | developments; capital improvements to the county highway | ||||||
35 | system; capital improvements to buildings or other real | ||||||
36 | property; acquisition of equipment; or the cost of additional |
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1 | personnel. | ||||||
2 | An
impact fee payable by a developer may not exceed a | ||||||
3 | proportionate share of the
costs incurred or the costs that | ||||||
4 | will be incurred by the county or a school, park,
library, or
| ||||||
5 | fire protection district that are specifically and uniquely | ||||||
6 | attributable to the
new development or subdivision. The county | ||||||
7 | must
work with and include representatives of school, park, | ||||||
8 | library, and fire protection districts that are affected by the | ||||||
9 | development or subdivision in determining
development impact | ||||||
10 | fees to be assessed on behalf of the county and the districts.
| ||||||
11 | In calculating the amount of an impact fee under this Section, | ||||||
12 | the county must consider, without limitation, for the county | ||||||
13 | and the affected school, park, library, or fire protection | ||||||
14 | districts (i) the demand for land, capital developments, | ||||||
15 | capital
improvements, equipment, or personnel generated by the | ||||||
16 | development or subdivision (ii) the direct and material benefit | ||||||
17 | to the development or subdivision because of the land, capital | ||||||
18 | development, capital improvement, equipment, or personnel that | ||||||
19 | will be financed by the impact fee, and (iii) the acreage and | ||||||
20 | the value of acreage required for a capital development or
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21 | capital improvement, and (iv) the value of each acre of land. | ||||||
22 | All development impact fees collected under this Section | ||||||
23 | shall be deposited
into interest bearing accounts designated | ||||||
24 | for
each unit of local government affected by the new | ||||||
25 | development for one or more of the authorized purposes. | ||||||
26 | Interest earned shall be deposited into the account. The
county | ||||||
27 | is accountable to each of those units of local
government
for | ||||||
28 | the expenditure of those moneys.
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29 | (Source: P.A. 93-330, eff. 7-24-03.)
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30 | Section 99. Effective date. This Act takes effect upon | ||||||
31 | becoming law.
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