Full Text of HB0486 94th General Assembly
HB0486 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0486
Introduced 1/27/2005, by Rep. Karen May 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 |
65 ILCS 5/11-12-5 |
from Ch. 24, par. 11-12-5 |
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Amends the Counties Code and the Illinois Municipal Code to authorize the county boards of certain counties to establish rules and regulations and authorizes certain municipal commissions and planning departments to implement a comprehensive plan by ordinance for the provision of public grounds for park districts, fire protection districts, township fire departments, and local law enforcement agencies. Authorizes the
county boards of certain counties to establish rules and regulations and
authorizes certain municipal plan commissions and planning departments to
implement a comprehensive plan by ordinance for the
provision of public grounds for park districts, fire protection districts, township fire departments, and local law enforcement agencies. 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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HB0486 |
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LRB094 05183 AJO 35225 b |
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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 | 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, fire protection
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| districts, township fire departments, park districts, parks , | 14 |
| or
playgrounds, or local law enforcement agencies in any map, | 15 |
| plat or subdivision of any block, lot or sub-lot
or any part | 16 |
| thereof or any piece or parcel of land, not being within any
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| city, village or incorporated town. The rules and regulations | 18 |
| may include
such reasonable requirements with respect to water | 19 |
| supply and sewage
collection and treatment as may be | 20 |
| established by the Environmental
Protection Agency, and such | 21 |
| reasonable requirements with respect to
floodplain and | 22 |
| stormwater management as may be established by the County
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| 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
their or his approval. The county board shall have a |
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| 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 entitled to record in the proper | 17 |
| county
or have any validity until it has been so approved.
If | 18 |
| the county board requires a cash bond, letter of credit, | 19 |
| surety, or any
other method to cover the costs and expenses and | 20 |
| to insure completion of the
requirements, the requirements | 21 |
| shall be subject to the provisions of Section
5-1123 of this | 22 |
| Code.
This Section is subject to the provisions of Section | 23 |
| 5-1123.
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| 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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| For purposes of implementing ordinances regarding
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| 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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| subdivision in question.
This amendatory
Act of the 93rd |
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HB0486 |
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| 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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| For purposes of implementing ordinances regarding | 6 |
| developer donations
or impact fees and only for the purpose of | 7 |
| expenditures thereof, "fire
protection
districts" is defined | 8 |
| as including land or site improvements, including fire
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| protection district buildings or other infrastructure | 10 |
| necessitated by and
specifically and uniquely attributable to | 11 |
| the development or subdivision in
question. This amendatory Act | 12 |
| of the 94th General Assembly applies to all
impact
fees or | 13 |
| developer donations paid into a fire protection district or | 14 |
| held in a
separate account or escrow fund by any fire | 15 |
| protection district or county for a
fire
protection district.
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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 | 18 |
| expenditures thereof, "township fire
departments" is defined | 19 |
| as including land or site improvements, including
township fire | 20 |
| department buildings or other infrastructure necessitated by | 21 |
| and
specifically and uniquely attributable to the development | 22 |
| or subdivision in
question. This amendatory Act of the 94th | 23 |
| General Assembly applies to all
impact
fees or developer | 24 |
| donations paid into a township fire department or held in a
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| separate account or escrow fund by any township fire department | 26 |
| or county for a
township fire department.
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| For purposes of implementing ordinances regarding | 28 |
| developer donations or impact fees and only for the purpose of | 29 |
| expenditures thereof, "park districts, parks, or playgrounds" | 30 |
| is defined as including land or site improvements, including | 31 |
| park district buildings or other infrastructure necessitated | 32 |
| by and specifically attributable to the development or | 33 |
| subdivision in question. This amendatory Act of the 94th | 34 |
| General Assembly applies to all impact fees and developer | 35 |
| donations paid into a park district or held in a separate | 36 |
| account or escrow fund by any park district or county for a |
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| park district.
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| For purposes of implementing ordinances regarding | 3 |
| developer donations or impact fees and only for the purpose of | 4 |
| expenditures thereof, "local law enforcement agencies" is | 5 |
| defined as including land or site improvements, including law | 6 |
| enforcement agency buildings or other infrastructure | 7 |
| necessitated by and specifically attributable to the | 8 |
| development or subdivision in question. This amendatory Act of | 9 |
| the 94th General Assembly applies to all impact fees and | 10 |
| developer donations paid to a local law enforcement agency or | 11 |
| held in a separate account or escrow fund by any local law | 12 |
| enforcement agency or county for a law enforcement agency.
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| No officer designated by a county board for the approval of | 14 |
| plats
shall engage in the business of surveying, and no map, | 15 |
| plat or
subdivision shall be received for record or have any | 16 |
| validity which has
been prepared by or under the direction of | 17 |
| such plat officer.
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| It is the intention of this amendatory Act of 1990 to | 19 |
| repeal the
language added to Section 25.09 of "An Act to revise | 20 |
| the law in relation to
counties", approved March 31, 1874, by | 21 |
| P.A. 86-614, Section 25.09 of that
Act being the predecessor of | 22 |
| 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 | 27 |
| 500,000 located in the area served by the Northeastern
Illinois | 28 |
| Metropolitan Planning Commission, a county board may
establish | 29 |
| by ordinance or resolution of record
reasonable rules and | 30 |
| regulations governing the location, width and
course of streets | 31 |
| and highways, and the provision of public grounds for
schools, | 32 |
| public libraries, fire protection districts, township fire
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| departments, park districts, parks , or playgrounds, or local | 34 |
| law enforcement agencies in any map, plat or
subdivision of any
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| block, lot or sub-lot or any part thereof or any piece or |
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| parcel of land
in the county, not being within any city, | 2 |
| village or incorporated town
in the county which rules and | 3 |
| regulations may include such reasonable
requirements with | 4 |
| respect to water supply and sewage collection and
treatment, | 5 |
| and such reasonable requirements with respect to street | 6 |
| drainage
and surfacing, as may be established by the county | 7 |
| board as minimum
requirements in the interest of the health, | 8 |
| safety and convenience of the
public of the county; and may | 9 |
| require by ordinance or
resolution of record that any map, plat | 10 |
| or subdivision shall be
submitted to the county board or some | 11 |
| officer to be designated by the
county board for its or his | 12 |
| approval in the manner provided in Section
5-1041, and to | 13 |
| 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 | 17 |
| expenditures
thereof, "public grounds for
schools" is defined | 18 |
| as including land or site
improvements, which include school | 19 |
| buildings or other infrastructure
necessitated and | 20 |
| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd | 22 |
| General Assembly applies to all impact fees or developer
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| donations paid into a school district or held in a separate | 24 |
| account or escrow
fund
by any school district or county for a | 25 |
| school district.
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| For purposes of implementing ordinances regarding | 27 |
| developer donations
or impact fees and only for the purpose of | 28 |
| expenditures thereof, "fire
protection
districts" is defined | 29 |
| as including land or site improvements, including fire
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| protection district buildings or other infrastructure | 31 |
| necessitated by and
specifically and uniquely attributable to | 32 |
| the development or subdivision in
question. This amendatory Act | 33 |
| of the 94th General Assembly applies to all
impact
fees or | 34 |
| developer donations paid into a fire protection district or | 35 |
| held in a
separate account or escrow fund by any fire | 36 |
| protection district or county for a
fire
protection district.
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HB0486 |
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LRB094 05183 AJO 35225 b |
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| For purposes of implementing ordinances regarding | 2 |
| developer donations
or impact fees and only for the purpose of | 3 |
| expenditures thereof, "township fire
departments" is defined | 4 |
| as including land or site improvements, including
township fire | 5 |
| department buildings or other infrastructure necessitated by | 6 |
| and
specifically and uniquely attributable to the development | 7 |
| or subdivision in
question. This amendatory Act of the 94th | 8 |
| General Assembly applies to all
impact
fees or developer | 9 |
| donations paid into a township fire department or held in a
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| separate account or escrow fund by any township fire department | 11 |
| or county for a
township fire department.
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| For purposes of implementing ordinances regarding | 13 |
| developer donations or impact fees and only for the purpose of | 14 |
| expenditures thereof, "park districts, parks, or playgrounds" | 15 |
| is defined as including land or site improvements, including | 16 |
| park district buildings or other infrastructure necessitated | 17 |
| by and specifically attributable to the development or | 18 |
| subdivision in question. This amendatory Act of the 94th | 19 |
| General Assembly applies to all impact fees and developer | 20 |
| donations paid into a park district or held in a separate | 21 |
| account or escrow fund by any park district or county for a | 22 |
| park district.
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| For purposes of implementing ordinances regarding | 24 |
| developer donations or impact fees and only for the purpose of | 25 |
| expenditures thereof, "local law enforcement agencies" is | 26 |
| defined as including land or site improvements, including law | 27 |
| enforcement agency buildings or other infrastructure | 28 |
| necessitated by and specifically attributable to the | 29 |
| development or subdivision in question. This amendatory Act of | 30 |
| the 94th General Assembly applies to all impact fees and | 31 |
| developer donations paid to a local law enforcement agency or | 32 |
| held in a separate account or escrow fund by any local law | 33 |
| enforcement agency or county for a law enforcement agency.
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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 |
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| 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 | 4 |
| department authorized by
this division 12 has the following | 5 |
| powers and whenever in this division 12
the term plan | 6 |
| 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 | 10 |
| redevelopment
of the municipality. Such plan may be adopted in | 11 |
| whole or in separate
geographical or functional parts, each of | 12 |
| which, when adopted, shall be the
official comprehensive plan, | 13 |
| or part thereof, of that municipality. This
plan may include | 14 |
| reasonable requirements with reference to streets, alleys,
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| public grounds, and other improvements hereinafter specified. | 16 |
| The plan, as
recommended by the plan commission and as | 17 |
| thereafter adopted in any
municipality in this state, may be | 18 |
| made applicable, by the terms thereof,
to land situated within | 19 |
| the corporate limits and contiguous territory not
more than one | 20 |
| and one-half miles beyond the corporate limits and not
included | 21 |
| in any municipality. Such plan may be implemented by ordinances
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| (a) establishing reasonable standards of design for | 23 |
| subdivisions and for
resubdivisions of unimproved land and of | 24 |
| areas subject to redevelopment in
respect to public | 25 |
| improvements as herein defined; (b) establishing
reasonable | 26 |
| requirements governing the location, width, course, and
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| surfacing of public streets and highways, alleys, ways for | 28 |
| public service
facilities, curbs, gutters, sidewalks, street | 29 |
| lights, park districts, parks, or playgrounds,
school grounds, | 30 |
| public libraries, fire protection districts, township fire
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| departments, local law enforcement agencies, size of lots to be | 32 |
| used for residential
purposes, storm
water drainage, water | 33 |
| supply and distribution, sanitary sewers, and sewage
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| collection and treatment; and (c) may designate land suitable | 35 |
| for
annexation to the municipality and the recommended zoning |
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| classification
for such land upon annexation.
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| (2) To recommend changes, from time to time, in the | 3 |
| official
comprehensive plan.
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| (3) To prepare and recommend to the corporate authorities, | 5 |
| from time to
time, plans for specific improvements in pursuance | 6 |
| of the official
comprehensive plan.
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| (4) To give aid to the municipal officials charged with the | 8 |
| direction of
projects for improvements embraced within the | 9 |
| official plan, to further the
making of these projects, and, | 10 |
| generally, to promote the realization of the
official | 11 |
| comprehensive plan.
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| (5) To prepare and recommend to the corporate authorities | 13 |
| schemes for
regulating or forbidding structures or activities | 14 |
| which may hinder access
to solar energy necessary for the | 15 |
| proper functioning of solar energy systems,
as defined in | 16 |
| Section 1.2 of The Comprehensive Solar Energy Act of 1977,
or | 17 |
| to recommend changes in such schemes.
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| (6) To exercise such other powers germane to the powers | 19 |
| granted by this
article as may be conferred by the corporate | 20 |
| authorities.
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| (7) For purposes of implementing ordinances regarding | 22 |
| developer
donations
or
impact fees,
and specifically for | 23 |
| expenditures thereof,
"school grounds" is defined as including | 24 |
| land or site
improvements,
which include
school buildings or | 25 |
| other infrastructure necessitated and specifically and
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| uniquely attributed to the
development or subdivision in | 27 |
| question. This amendatory Act of the 93rd
General Assembly | 28 |
| applies to all impact fees or developer donations paid into a
| 29 |
| school district or held in a separate account or escrow fund by | 30 |
| any school
district
or municipality for a school district.
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| (8) For purposes of implementing ordinances regarding | 32 |
| developer
donations or impact fees and only for the purpose of | 33 |
| expenditures thereof,
"fire
protection districts" is defined | 34 |
| as including land or site improvements,
including
fire | 35 |
| protection district buildings or other infrastructure | 36 |
| necessitated by and
specifically and uniquely attributable to |
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HB0486 |
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LRB094 05183 AJO 35225 b |
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| the development or subdivision in
question. This amendatory Act | 2 |
| of the 94th General Assembly applies to all
impact
fees or | 3 |
| developer donations paid into a fire protection district or | 4 |
| held in a
separate account or escrow fund by any fire | 5 |
| protection district or municipality
for a fire protection | 6 |
| district.
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| (9) For purposes of implementing ordinances regarding | 8 |
| developer
donations or impact fees and only for the purpose of | 9 |
| expenditures thereof,
"township fire departments" is defined | 10 |
| as including land or site improvements,
including township fire | 11 |
| department buildings or other infrastructure
necessitated by | 12 |
| and specifically and uniquely attributable to the development
| 13 |
| or
subdivision in question. This amendatory Act of the 94th | 14 |
| General Assembly
applies to all impact fees or developer | 15 |
| donations paid into a township fire
department or held in a | 16 |
| separate account or escrow fund by any township fire
department | 17 |
| or municipality for a township fire department.
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| (10) For purposes of implementing ordinances regarding | 19 |
| developer donations or impact fees and only for the purpose of | 20 |
| expenditures thereof, "park districts, parks, or playgrounds" | 21 |
| is defined as including land or site improvements, including | 22 |
| park district buildings or other infrastructure necessitated | 23 |
| by and specifically attributable to the development or | 24 |
| subdivision in question. This amendatory Act of the 94th | 25 |
| General Assembly applies to all impact fees and developer | 26 |
| donations paid into a park district or held in a separate | 27 |
| account or escrow fund by any park district or municipality for | 28 |
| a park district.
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| (11) For purposes of implementing ordinances regarding | 30 |
| developer donations or impact fees and only for the purpose of | 31 |
| expenditures thereof, "local law enforcement agencies" is | 32 |
| defined as including land or site improvements, including law | 33 |
| enforcement agency buildings or other infrastructure | 34 |
| necessitated by and specifically attributable to the | 35 |
| development or94th subdivision in question. This amendatory | 36 |
| Act of the 94th General Assembly applies to all impact fees and |
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HB0486 |
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| developer donations paid to a local law enforcement agency or | 2 |
| held in a separate account or escrow fund by any local law | 3 |
| enforcement agency or municipality for a law enforcement | 4 |
| agency.
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| (Source: P.A. 93-330, eff. 7-24-03.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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