Full Text of HB3890 93rd General Assembly
HB3890ham001 93RD GENERAL ASSEMBLY
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Rep. Jack D. Franks
Filed: 3/4/2004
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LRB093 14076 MKM 48510 a |
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| AMENDMENT TO HOUSE BILL 3890
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| AMENDMENT NO. ______. Amend House Bill 3890 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The Counties Code is amended by changing | 5 |
| Sections 5-1041 and
5-1042 as follows:
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| (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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| Sec. 5-1041. Maps, plats and subdivisions. A county board | 8 |
| may prescribe,
by resolution or ordinance, reasonable rules and | 9 |
| regulations governing the
location, width and course of streets | 10 |
| and highways and of floodplain,
stormwater and floodwater | 11 |
| runoff channels and basins, and the provision of
necessary | 12 |
| public grounds for schools, public libraries, parks or
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| playgrounds, in any map, plat or subdivision of any block, lot | 14 |
| or sub-lot
or any part thereof or any piece or parcel of land, | 15 |
| not being within any
city, village or incorporated town. The | 16 |
| rules and regulations may include
such reasonable requirements | 17 |
| with respect to water supply and sewage
collection and | 18 |
| treatment as may be established by the Environmental
Protection | 19 |
| Agency, and such reasonable requirements with respect to
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| floodplain and stormwater management as may be established by | 21 |
| the County
Stormwater Management Committee established under | 22 |
| Section 5-1062 of this
Code, and such reasonable requirements | 23 |
| with respect to street drainage and
surfacing as may be | 24 |
| established by the
county engineer or superintendent of |
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| highways and which by resolution shall
be deemed to be the | 2 |
| minimum
requirements in the interest of the health, safety, | 3 |
| education and
convenience of the public of the county; and may | 4 |
| provide by
resolution that the map, plat or subdivision shall | 5 |
| be submitted to the
county board or to some officer to be | 6 |
| designated by the county board for
their or his approval. The | 7 |
| county board shall have a qualified engineer
make an estimate | 8 |
| of the probable expenditures necessary to enable any
person to | 9 |
| conform with the standards of construction established by the
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| board pursuant to the provisions of this Section. Except as | 11 |
| provided in
Section 3 of the Public Construction Bond Act, each | 12 |
| person who seeks
the county board's approval of a map, plat or | 13 |
| subdivision shall post a
good and sufficient cash bond, | 14 |
| irrevocable letter of credit, surety
bond, or other adequate | 15 |
| security with the county clerk,
in a penal sum sufficient to | 16 |
| cover the estimate of expenditures made by the
estimating | 17 |
| engineer. The cash bond, irrevocable letter of credit,
surety | 18 |
| bond, or other adequate security shall be
conditioned upon | 19 |
| faithful adherence to the rules and regulations of the
county | 20 |
| board promulgated pursuant to the authorization granted to it | 21 |
| by
this Section or by Section 5-1062 of this Code, and in such | 22 |
| cases no such
map, plat or subdivision shall be entitled to | 23 |
| record in the proper county
or have any validity until it has | 24 |
| been so approved.
If the county board requires a cash bond, | 25 |
| letter of credit, surety, or any
other method to cover the | 26 |
| costs and expenses and to insure completion of the
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| requirements, the requirements shall be subject to the | 28 |
| provisions of Section
5-1123 of this Code.
This Section is | 29 |
| subject to the provisions of Section 5-1123.
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| The county board may, by resolution, provide a schedule of | 31 |
| fees sufficient
to reimburse the county for the costs incurred | 32 |
| in reviewing such maps, plats
and subdivisions submitted for | 33 |
| approval to the county board. The
fees authorized by this | 34 |
| Section are to be paid into the general
corporate fund of the |
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| county by the party desiring to have the plat
approved.
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| For purposes of implementing ordinances regarding
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| developer donations or impact fees and only for the purpose of | 4 |
| expenditures
thereof, "public grounds
for schools" is defined | 5 |
| as including land or site
improvements, which include school | 6 |
| buildings or other infrastructure
necessitated and | 7 |
| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd | 9 |
| General Assembly applies to all impact fees or developer
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| donations paid into a school district or held in a separate | 11 |
| account or escrow
fund
by any school district or county for a | 12 |
| school district.
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| For purposes of implementing ordinances regarding | 14 |
| developer donations
or impact fees and only for the purpose of | 15 |
| expenditures thereof, "public
libraries" is defined as | 16 |
| including land or site improvements, including library
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| buildings or other infrastructure necessitated by 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 public library or library district or | 22 |
| held in a separate account or
escrow fund by any public library | 23 |
| or library district or county for a public
library
or library | 24 |
| district.
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| No officer designated by a county board for the approval of | 26 |
| plats
shall engage in the business of surveying, and no map, | 27 |
| plat or
subdivision shall be received for record or have any | 28 |
| validity which has
been prepared by or under the direction of | 29 |
| such plat officer.
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| It is the intention of this amendatory Act of 1990 to | 31 |
| repeal the
language added to Section 25.09 of "An Act to revise | 32 |
| the law in relation to
counties", approved March 31, 1874, by | 33 |
| P.A. 86-614, Section 25.09 of that
Act being the predecessor of | 34 |
| this Section.
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| (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
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| (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
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| Sec. 5-1042. Maps, plats and subdivisions in certain
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| counties. In any county with a population not
in excess of | 5 |
| 500,000 located in the area served by the Northeastern
Illinois | 6 |
| Metropolitan Planning Commission, a county board may
establish | 7 |
| by ordinance or resolution of record
reasonable rules and | 8 |
| regulations governing the location, width and
course of streets | 9 |
| and highways, and the provision of public grounds for
schools, | 10 |
| public libraries, parks or playgrounds, in any map, plat or
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| subdivision of any
block, lot or sub-lot or any part thereof or | 12 |
| any piece or parcel of land
in the county, not being within any | 13 |
| city, village or incorporated town
in the county which rules | 14 |
| and regulations may include such reasonable
requirements with | 15 |
| respect to water supply and sewage collection and
treatment, | 16 |
| and such reasonable requirements with respect to street | 17 |
| drainage
and surfacing, as may be established by the county | 18 |
| board as minimum
requirements in the interest of the health, | 19 |
| safety and convenience of the
public of the county; and may | 20 |
| require by ordinance or
resolution of record that any map, plat | 21 |
| or subdivision shall be
submitted to the county board or some | 22 |
| officer to be designated by the
county board for its or his | 23 |
| approval in the manner provided in Section
5-1041, and to | 24 |
| require bonds and charge fees as provided in Section 5-1041.
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| This Section is subject to the provisions of Section 5-1123.
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| For purposes of implementing ordinances regarding
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| developer donations or impact fees and only for the purpose of | 28 |
| expenditures
thereof, "public grounds for
schools" is defined | 29 |
| as including land or site
improvements, which include school | 30 |
| buildings or other infrastructure
necessitated and | 31 |
| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd | 33 |
| General Assembly applies to all impact fees or developer
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09300HB3890ham001 |
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LRB093 14076 MKM 48510 a |
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| donations paid into a school district or held in a separate | 2 |
| account or escrow
fund
by any school district or county for a | 3 |
| school district.
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| For purposes of implementing ordinances regarding | 5 |
| developer donations
or impact fees and only for the purpose of | 6 |
| expenditures thereof, "public
libraries" is defined as | 7 |
| including land or site improvements, including library
| 8 |
| buildings or other infrastructure necessitated by and | 9 |
| specifically and uniquely
attributable to the development or | 10 |
| subdivision in question. This amendatory Act
of the 93rd | 11 |
| General Assembly applies to all impact fees or developer | 12 |
| donations
paid into a public library or library district or | 13 |
| held in a separate account or
escrow fund by any public library | 14 |
| or library district or county for a public
library
or library | 15 |
| district.
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| (Source: P.A. 93-330, eff. 7-24-03.)
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| Section 10. The Illinois Municipal Code is amended by | 19 |
| changing
Section 11-12-5 as follows:
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| (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
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| Sec. 11-12-5. Every plan commission and planning | 22 |
| department authorized by
this division 12 has the following | 23 |
| powers and whenever in this division 12
the term plan | 24 |
| commission is used such term shall be deemed to include the
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| term planning department:
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| (1) To prepare and recommend to the corporate authorities a
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| comprehensive plan for the present and future development or | 28 |
| redevelopment
of the municipality. Such plan may be adopted in | 29 |
| whole or in separate
geographical or functional parts, each of | 30 |
| which, when adopted, shall be the
official comprehensive plan, | 31 |
| or part thereof, of that municipality. This
plan may include | 32 |
| reasonable requirements with reference to streets, alleys,
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| public grounds, and other improvements hereinafter specified. |
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| The plan, as
recommended by the plan commission and as | 2 |
| thereafter adopted in any
municipality in this state, may be | 3 |
| made applicable, by the terms thereof,
to land situated within | 4 |
| the corporate limits and contiguous territory not
more than one | 5 |
| and one-half miles beyond the corporate limits and not
included | 6 |
| in any municipality. Such plan may be implemented by ordinances
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| (a) establishing reasonable standards of design for | 8 |
| subdivisions and for
resubdivisions of unimproved land and of | 9 |
| areas subject to redevelopment in
respect to public | 10 |
| improvements as herein defined; (b) establishing
reasonable | 11 |
| requirements governing the location, width, course, and
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| surfacing of public streets and highways, alleys, ways for | 13 |
| public service
facilities, curbs, gutters, sidewalks, street | 14 |
| lights, parks, playgrounds,
school grounds, public libraries, | 15 |
| size of lots to be used for residential
purposes, storm
water | 16 |
| drainage, water supply and distribution, sanitary sewers, and | 17 |
| sewage
collection and treatment; and (c) may designate land | 18 |
| suitable for
annexation to the municipality and the recommended | 19 |
| zoning classification
for such land upon annexation.
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| (2) To recommend changes, from time to time, in the | 21 |
| official
comprehensive plan.
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| (3) To prepare and recommend to the corporate authorities, | 23 |
| from time to
time, plans for specific improvements in pursuance | 24 |
| of the official
comprehensive plan.
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| (4) To give aid to the municipal officials charged with the | 26 |
| direction of
projects for improvements embraced within the | 27 |
| official plan, to further the
making of these projects, and, | 28 |
| generally, to promote the realization of the
official | 29 |
| comprehensive plan.
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| (5) To prepare and recommend to the corporate authorities | 31 |
| schemes for
regulating or forbidding structures or activities | 32 |
| which may hinder access
to solar energy necessary for the | 33 |
| proper functioning of solar energy systems,
as defined in | 34 |
| Section 1.2 of The Comprehensive Solar Energy Act of 1977,
or |
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| to recommend changes in such schemes.
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| (6) To exercise such other powers germane to the powers | 3 |
| granted by this
article as may be conferred by the corporate | 4 |
| authorities.
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| (7) For purposes of implementing ordinances regarding | 6 |
| developer
donations
or
impact fees,
and specifically for | 7 |
| expenditures thereof,
"school grounds" is defined as including | 8 |
| land or site
improvements,
which include
school buildings or | 9 |
| other infrastructure necessitated and specifically and
| 10 |
| uniquely attributed to the
development or subdivision in | 11 |
| question. This amendatory Act of the 93rd
General Assembly | 12 |
| applies to all impact fees or developer donations paid into a
| 13 |
| school district or held in a separate account or escrow fund by | 14 |
| any school
district
or municipality for a school district.
| 15 |
| (8) For purposes of implementing ordinances regarding | 16 |
| developer
donations or impact fees and only for the purpose of | 17 |
| expenditures thereof,
"public libraries" is defined as | 18 |
| including land or site improvements, including
library | 19 |
| buildings or other infrastructure necessitated by and | 20 |
| specifically and
uniquely attributable 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 public library or library district or | 24 |
| held in a
separate account or escrow fund by any public library | 25 |
| or library district or
municipality for a public library or | 26 |
| library district.
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| (Source: P.A. 93-330, eff. 7-24-03.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.".
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