Full Text of HB6864 93rd General Assembly
HB6864 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6864
Introduced 02/09/04, by Patricia Reid Lindner SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1041 |
from Ch. 34, par. 5-1041 |
55 ILCS 5/5-1042 |
from Ch. 34, par. 5-1042 |
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Amends the Counties Code. Allows counties to
impose a development impact fee by ordinance,
resolution, or development agreement to undertake capital improvements,
including the acquisition of land, improvements to the county highway system and to county buildings, and equipment and staffing. Sets forth requirements for setting the amount of the impact fee. Requires that the impact fees be deposited
into interest bearing accounts designated solely for capital improvements for
each school district, park district,
library district, or
fire protection district located in the county and affected by the new development, and provides that the
county is accountable to each of those units of local
government
for the expenditure of those moneys. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB6864 |
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LRB093 16519 BDD 47351 b |
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| AN ACT concerning counties.
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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 | 5 |
| Sections 5-1041, 5-1042, and 5-1041.1 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 ; impact fees . | 8 |
| (a) A county board may prescribe,
by resolution or | 9 |
| ordinance, reasonable rules and regulations governing the
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| location, width and course of streets and highways and of | 11 |
| floodplain,
stormwater and floodwater runoff channels and | 12 |
| basins, and any land acquisition under subsection (b)
the | 13 |
| provision of
necessary public grounds for schools, public | 14 |
| libraries, parks or
playgrounds, in any map, plat or | 15 |
| subdivision of any block, lot or sub-lot
or any part thereof or | 16 |
| any piece or parcel of land, not being within any
city, village | 17 |
| or incorporated town. The rules and regulations may include
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| such reasonable requirements with respect to water supply and | 19 |
| sewage
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
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| 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 resolution | 27 |
| shall
be deemed to be the minimum
requirements in the interest | 28 |
| of the health, safety, education and
convenience of the public | 29 |
| of the county; and may provide by
resolution that the map, plat | 30 |
| or subdivision shall be submitted to the
county board or to | 31 |
| some officer to be designated by the county board for
their or | 32 |
| his approval. The county board shall have a qualified engineer
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HB6864 |
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LRB093 16519 BDD 47351 b |
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| make an estimate of the probable expenditures necessary to | 2 |
| enable any
person to conform with the standards of construction | 3 |
| established by the
board pursuant to the provisions of this | 4 |
| Section. Except as provided in
Section 3 of the Public | 5 |
| Construction Bond Act, each person who seeks
the county board's | 6 |
| approval of a map, plat or subdivision shall post a
good and | 7 |
| sufficient cash bond, irrevocable letter of credit, surety
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| bond, or other adequate security with the county clerk,
in a | 9 |
| penal sum sufficient to cover the estimate of expenditures made | 10 |
| by the
estimating engineer. The cash bond, irrevocable letter | 11 |
| of credit,
surety bond, or other adequate security shall be
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| conditioned upon faithful adherence to the rules and | 13 |
| regulations of the
county board promulgated pursuant to the | 14 |
| authorization granted to it by
this Section or by Section | 15 |
| 5-1062 of this Code, and in such cases no such
map, plat or | 16 |
| subdivision shall be entitled to record in the proper county
or | 17 |
| have any validity until it has been so approved.
If the county | 18 |
| board requires a cash bond, letter of credit, surety, or any
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| other method to cover the costs and expenses and to insure | 20 |
| completion of the
requirements, the requirements shall be | 21 |
| subject to the provisions of Section
5-1123 of this Code.
This | 22 |
| Section is subject to the provisions of Section 5-1123.
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| The county board may, by resolution, provide a schedule of | 24 |
| fees sufficient
to reimburse the county for the costs incurred | 25 |
| in reviewing such maps, plats
and subdivisions submitted for | 26 |
| approval to the county board. The
fees authorized by this | 27 |
| Section are to be paid into the general
corporate fund of the | 28 |
| 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 | 31 |
| expenditures
thereof, "public grounds
for schools" is defined | 32 |
| as including land or site
improvements, which include school | 33 |
| buildings or other infrastructure
necessitated and | 34 |
| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd | 36 |
| General Assembly applies to all impact fees or developer
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HB6864 |
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LRB093 16519 BDD 47351 b |
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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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| No officer designated by a county board for the approval of | 5 |
| plats
shall engage in the business of surveying, and no map, | 6 |
| plat or
subdivision shall be received for record or have any | 7 |
| validity which has
been prepared by or under the direction of | 8 |
| such plat officer.
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| It is the intention of this amendatory Act of 1990 to | 10 |
| repeal the
language added to Section 25.09 of "An Act to revise | 11 |
| the law in relation to
counties", approved March 31, 1874, by | 12 |
| P.A. 86-614, Section 25.09 of that
Act being the predecessor of | 13 |
| this Section.
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| (b) A county may
impose a development impact fee by | 15 |
| ordinance,
resolution, or development agreement to undertake | 16 |
| capital improvements,
including the acquisition of land, | 17 |
| improvements to the county highway system and to county | 18 |
| buildings, and equipment and staffing. | 19 |
| An
impact fee payable by a developer may not exceed a | 20 |
| proportionate share of the
costs incurred by the county or by a | 21 |
| school district, park district,
library district, or
fire | 22 |
| protection district located in the county that are specifically | 23 |
| and uniquely attributable to the
new development made by the | 24 |
| developer paying the fee. The county must
work with and include | 25 |
| representatives of affected school districts, park
districts, | 26 |
| library districts, and fire protection districts in assessing
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| development impact fees on behalf of the applicable districts.
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| In calculating the amount of an impact fee under this Section, | 29 |
| the county must consider, without limitation, (i) the demand | 30 |
| for the capital
improvement generated by the development, (ii) | 31 |
| the acreage required for the
capital improvement, and (iii) the | 32 |
| value of each acre of land. | 33 |
| All development impact fees collected under this Section | 34 |
| shall be deposited
into interest bearing accounts designated | 35 |
| solely for capital improvements for
each unit of local | 36 |
| government affected by the new development. The
county is |
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HB6864 |
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LRB093 16519 BDD 47351 b |
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| accountable to each of those units of local
government
for the | 2 |
| expenditure of those moneys.
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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 and impact fees | 6 |
| in certain
counties.
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| (a) In any county with a population not
in excess of | 8 |
| 500,000 located in the area served by the Northeastern
Illinois | 9 |
| Metropolitan Planning Commission, a county board may
establish | 10 |
| by ordinance or resolution of record
reasonable rules and | 11 |
| regulations governing the location, width and
course of streets | 12 |
| and highways, and any land acquisition under subsection (b)
the | 13 |
| provision of public grounds for
schools, parks or playgrounds, | 14 |
| in any map, plat or subdivision of any
block, lot or sub-lot or | 15 |
| any part thereof or any piece or parcel of land
in the county, | 16 |
| not being within any city, village or incorporated town
in the | 17 |
| county which rules and regulations may include such reasonable
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| requirements with respect to water supply and sewage collection | 19 |
| and
treatment, and such reasonable requirements with respect to | 20 |
| street drainage
and surfacing, as may be established by the | 21 |
| county board as minimum
requirements in the interest of the | 22 |
| health, safety and convenience of the
public of the county; and | 23 |
| may require by ordinance or
resolution of record that any map, | 24 |
| plat or subdivision shall be
submitted to the county board or | 25 |
| some officer to be designated by the
county board for its or | 26 |
| his approval in the manner provided in Section
5-1041, and to | 27 |
| 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 | 31 |
| expenditures
thereof, "public grounds for
schools" is defined | 32 |
| as including land or site
improvements, which include school | 33 |
| buildings or other infrastructure
necessitated and | 34 |
| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd |
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HB6864 |
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LRB093 16519 BDD 47351 b |
|
| 1 |
| General Assembly applies to all impact fees or developer
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| 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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| (b) A county may
impose a development impact fee by | 6 |
| ordinance,
resolution, or development agreement to undertake | 7 |
| capital improvements,
including the acquisition of land, | 8 |
| improvements to the county highway system and to county | 9 |
| buildings, and equipment and staffing. | 10 |
| An
impact fee payable by a developer may not exceed a | 11 |
| proportionate share of the
costs incurred by the county or by a | 12 |
| school district, park district,
library district, or
fire | 13 |
| protection district located in the county that are specifically | 14 |
| and uniquely attributable to the
new development made by the | 15 |
| developer paying the fee. The county must
work with and include | 16 |
| representatives of affected school districts, park
districts, | 17 |
| library districts, and fire protection districts in assessing
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| development impact fees on behalf of the applicable districts.
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| In calculating the amount of an impact fee under this Section, | 20 |
| the county must consider, without limitation, (i) the demand | 21 |
| for the capital
improvement generated by the development, (ii) | 22 |
| the acreage required for the
capital improvement, and (iii) the | 23 |
| value of each acre of land. | 24 |
| All development impact fees collected under this Section | 25 |
| shall be deposited
into interest bearing accounts designated | 26 |
| solely for capital improvements for
each unit of local | 27 |
| government affected by the new development. The
county is | 28 |
| accountable to each of those units of local
government
for the | 29 |
| expenditure of those moneys.
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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 | 32 |
| becoming law.
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