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    AN ACT concerning local government.

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

 
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    Section 5. The Counties Code is amended  by changing Section 
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5-1043 as follows:
 



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    (55 ILCS 5/5-1043)  (from Ch. 34, par. 5-1043)



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    Sec. 5-1043. Water and sanitary facilities. 
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    (a)
Whenever a county resolution or ordinance requires the

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installation of water mains, sanitary sewers, drains, or other 
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facilities
for sewers and drains, the construction of any 
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roadways or the installation
of any traffic signals or other 
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traffic related improvements as a condition
precedent to the 
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approval of a preliminary or final subdivision or plat

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described in Section 5-1042, or a preliminary or final planned

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unit development plan and where, in the opinion of the county 
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board such
facilities, roadways or improvements may be used for 
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the benefit of
property not in the subdivision or planned unit 
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development, and the water
mains, sanitary sewers, drains or 
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other such facilities, or such roadways
or improvements are to 
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be dedicated to the public, the county board may, by
contract 
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with the subdivider, agree to reimburse and may reimburse
the 
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subdivider for a portion of the cost of such facilities, 
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roadways and
improvements. The county board may also, by 
 


 






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contract with the subdivider,
agree to share the cost of 
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installing required facilities. The county board
may in either 
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case recover the cost of those facilities
from fees charged to 
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owners of property not within the
subdivision, or planned unit 
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development when and as collected
from such owners.   Such 
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contract shall describe the property outside the
subdivision or 
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planned unit development which may reasonably be
expected to 
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benefit from the facilities, roadways or improvements
which are 
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required to be constructed under the contract and shall specify

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the amount or proportion of the cost of such facilities, 
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roadways or
improvements which is to be incurred
primarily for 
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the benefit of that property.  Such contract shall provide
that 
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the county shall collect such fees charged to owners of 
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property not
within the subdivision or planned unit development 
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at any time prior to
the connection to and use of the said 
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facilities, roadways or improvements
by the respective 
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properties of each owner.  Such contract may provide
for the 
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payment to the subdivider of a reasonable amount of interest on 
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the
amount expended by the subdivider in completing such 
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facilities, roadways
and improvements, with said interest to be 
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calculated from and after the
date of completion of such 
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facilities, roadways and improvements.
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    (b) In an unincorporated area of Lake County, any property 
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or subdivision  zoned for single family residential use on May 
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4, 2006 and located within 500 feet of a public sanitary sewer 
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system shall have access to and the use of the sanitary sewer 
 


 






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system and may be connected thereto via any publicly owned 
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right-of-way, easement, or other property owned by the State or 
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any municipality or political subdivision of the State.


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    (c) Any party using a sanitary sewer system as described in 
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subsection (b) of this Section shall reimburse the original 
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provider of the system, whether a public or private party, for 
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a pro rata share of the costs of construction, and may utilize 
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the system regardless of any reservation of capacity that 
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remains unused for 5 years after construction.

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(Source: P.A. 86-962; 86-1463.)