Full Text of HB0535 94th General Assembly
HB0535 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0535
Introduced 01/27/05, by Rep. 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 a county to
impose a development impact fee by ordinance,
resolution, or development agreement to: undertake capital developments or capital improvements;
acquire land; make improvements to the county highway system, buildings, or other property; acquire equipment; or pay for additional personnel. Sets forth considerations in determining the amount of the impact fee, such as: the share of costs that are specifically and uniquely attributable to the new development or subdivision; the demand for land, capital development, capital improvement, equipment, or personnel generated by the development or subdivision; and the direct and material benefit to the development or subdivision. Requires that the impact fee be deposited
into interest bearing accounts designated solely for the approved purposes for
each school district, park district,
library district, or
fire protection district located in the county that is affected by the new development or subdivision. Provides that the
county is accountable to each of those units of local
government
for the expenditure of those moneys. Makes other changes. Effective immediately.
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A BILL FOR
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HB0535 |
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LRB094 06461 AJO 36549 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 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 ; 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, 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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| 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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| 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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| 5-1123 of this Code.
This Section is subject to the provisions | 23 |
| of Section 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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HB0535 |
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LRB094 06461 AJO 36549 b |
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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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| 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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| 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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| (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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| 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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| fees to be assessed on behalf of the county and the districts.
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| 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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| 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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| (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 | 23 |
| in certain
counties.
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| (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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| 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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HB0535 |
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LRB094 06461 AJO 36549 b |
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| 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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| 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 | 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
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| subdivision in question.
This amendatory
Act of the 93rd | 19 |
| General Assembly applies to all impact fees or developer
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| 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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| (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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HB0535 |
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LRB094 06461 AJO 36549 b |
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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
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| 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.
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| 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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| 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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| (Source: P.A. 93-330, eff. 7-24-03.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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