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90_SB0929sam001
LRB9003465DNmbam01
1 AMENDMENT TO SENATE BILL 929
2 AMENDMENT NO. . Amend Senate Bill 929 by replacing
3 the title with the following:
4 "AN ACT concerning land donations."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Counties Code is amended by adding
8 Section 5-1041.2 as follows:
9 (55 ILCS 5/5-1041.2 new)
10 Sec. 5-1041.2. Land donations.
11 (a) For purposes of this Section, "land donation" means
12 a donation of land for a school site or park site, or a cash
13 contribution instead of a land donation, or a combination of
14 both, required by a county under the authority granted by
15 this Division 5-1.
16 (b) Any land donation required as a condition of
17 residential subdivision, resubdivision, or development shall
18 be based upon an ordinance that specifies the population
19 expected to be generated by residential development, the
20 number of acres of school site or park site required to serve
21 the population generated by residential development, and the
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1 value of an acre of land improved with subdivision
2 improvements, as calculated herein, for cash contributions in
3 lieu of the conveyance of land. Such ordinances shall meet
4 the following requirements:
5 (1) The population expected to be generated by
6 residential development shall set forth by age group the
7 number of persons expected to reside in single family
8 detached homes containing 2, 3, 4, and 5 bedrooms; single
9 family attached homes containing 2, 3, and 4 bedrooms;
10 and apartments containing 1, 2, and 3 bedrooms. The age
11 groups to be specified shall be pre-school, elementary
12 school, junior high school, senior high school, and
13 adults. Residential units in developments that are
14 lawfully limited and principally occupied by persons aged
15 55 and older shall be set forth separately, so that
16 school contributions are not required and such units do
17 not lower the average number of children for all other
18 units. The population predictions shall be based upon a
19 current, statistically accurate study of all existing
20 residential units of all ages in the county or in the
21 metropolitan region in which the county is located. Such
22 study shall be updated at least every 5 years.
23 (2) The number of acres to be required shall not
24 exceed (i) 5 acres plus 1 acre for each 100 students of
25 projected enrollment for elementary schools; (ii) 20
26 acres plus 1 acre for each 100 students of projected
27 enrollment for junior high schools; (iii) 30 acres plus 1
28 acre for each 100 students of projected enrollment for
29 senior high schools; and (iv) 5.5 acres per 1,000
30 population for park sites.
31 (3) Cash in lieu of land conveyance may be required
32 when the site to be conveyed based on the projected
33 population from the proposed development would be too
34 small for practical use, located in an area not
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1 convenient to the school or park districts, or when a
2 combination of land and cash is appropriate. In all
3 cases, the intent of a cash contribution is to require
4 the developer to pay in cash the costs he or she would
5 have incurred to convey a site improved to subdivision
6 standards. The ordinance shall specify the value of an
7 acre of land with subdivision improvements. The value
8 shall be determined by adding the following:
9 (A) The average cost of an acre of unimproved
10 land, not yet annexed to or zoned by a municipality,
11 but planned for residential purposes on the county's
12 master plan, as determined from actual sales of
13 parcels in excess of 25 acres in the county within
14 the prior 5 years;
15 (B) The current estimated cost per acre for
16 subdivision frontage improvements for a square 16.5
17 acre site with one street frontage, for 1/2 the cost
18 of a collector street with water, sanitary sewer,
19 storm sewer, street lights, curb, and gutter;
20 (C) The average cost per acre of mass grading
21 for residential subdivisions in the county, and not
22 annexed to any municipality, for the prior 5 years;
23 (D) The average cost per acre for off-site
24 extensions of sanitary sewer and water (less amounts
25 subject to recapture) for residential subdivisions
26 in the county, and not annexed to any municipality,
27 for the prior 5 years.
28 The sum of these 4 factors shall be the maximum per
29 acre value imposed on a developer in lieu of an acre of
30 land conveyance.
31 (4) A home rule unit may not impose a land donation
32 in a manner inconsistent with this Section. This Section
33 is a limitation under subsection (i) of Section 6 of
34 Article VII of the Illinois Constitution on the
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1 concurrent exercise by home rule units of powers and
2 functions exercised by the State.
3 Section 10. The Illinois Municipal Code is amended by
4 adding Section 11-12-5.2 as follows:
5 (65 ILCS 5/11-12-5.2 new)
6 Sec. 11-12-5.2. Land donations.
7 (a) For purposes of this Section, "land donation" means
8 a donation of land for a school site or park site, or a cash
9 contribution instead of a land donation, or a combination of
10 both, required by a municipality under the authority granted
11 by this Division 12.
12 (b) Any land donation required as a condition of
13 residential subdivision, resubdivision, development, or
14 annexation shall be based upon an ordinance that specifies
15 the population expected to be generated by residential
16 development, the number of acres of school site or park site
17 required to serve the population generated by residential
18 development, and the value of an acre of land improved with
19 subdivision improvements, as calculated herein, for cash
20 contributions in lieu of the conveyance of land. Such
21 ordinances shall meet the following requirements:
22 (1) The population expected to be generated by
23 residential development shall set forth by age group the
24 number of persons expected to reside in single family
25 detached homes containing 2, 3, 4, and 5 bedrooms; single
26 family attached homes containing 2, 3, and 4 bedrooms;
27 and apartments containing 1, 2, and 3 bedrooms. The age
28 groups to be specified shall be pre-school, elementary
29 school, junior high school, senior high school, and
30 adults. Residential units in developments that are
31 lawfully limited and principally occupied by persons aged
32 55 and older shall be set forth separately, so that
-5- LRB9003465DNmbam01
1 school contributions are not required and such units do
2 not lower the average number of children for all other
3 units. The population predictions shall be based upon a
4 current, statistically accurate study of all existing
5 residential units of all ages in the municipality or in
6 the metropolitan region in which the municipality is
7 located. Such study shall be updated at least every 5
8 years.
9 (2) The number of acres to be required shall not
10 exceed (i) 5 acres plus 1 acre for each 100 students of
11 projected enrollment for elementary schools; (ii) 20
12 acres plus 1 acre for each 100 students of projected
13 enrollment for junior high schools; (iii) 30 acres plus 1
14 acre for each 100 students of projected enrollment for
15 senior high schools; and (iv) 5.5 acres per 1,000
16 population for park sites.
17 (3) Cash in lieu of land conveyance may be required
18 when the site to be conveyed, based on the projected
19 population from the proposed development, would be too
20 small for practical use, located in an area not
21 convenient to the school or park districts, or when a
22 combination of land and cash is appropriate. In all
23 cases, the intent of a cash contribution is to require
24 the developer to pay in cash the costs he or she would
25 have incurred to convey a site improved to subdivision
26 standards. The ordinance shall specify the value of an
27 acre of land with subdivision improvements. The value
28 shall be determined by adding the following:
29 (A) The average cost of an acre of unimproved
30 land, not yet annexed to or zoned by a municipality,
31 but planned for residential purposes on the
32 municipality's master plan, as determined from
33 actual sales of parcels in excess of 25 acres in the
34 municipal planning area within the prior 5 years;
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1 (B) The current estimated cost per acre for
2 subdivision frontage improvements for a square 16.5
3 acre site with one street frontage, for 1/2 the cost
4 of a collector street with water, sanitary sewer,
5 storm sewer, street lights, curb, and gutter;
6 (C) The average cost per acre of mass grading
7 for residential subdivisions in the municipality for
8 the prior 5 years;
9 (D) The average cost per acre for off-site
10 extensions of sanitary sewer and water (less amounts
11 subject to recapture) for residential subdivisions
12 in the municipality for the prior 5 years.
13 The sum of these 4 factors shall be the maximum per
14 acre value imposed on a developer in lieu of an acre of
15 land conveyance.
16 (4) A home rule unit may not impose a land donation
17 in a manner inconsistent with this Section. This Section
18 is a limitation under subsection (i) of Section 6 of
19 Article VII of the Illinois Constitution on the
20 concurrent exercise by home rule units of powers and
21 functions exercised by the State.".