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90_SB1290eng
55 ILCS 5/5-1041 from Ch. 34, par. 5-1041
55 ILCS 5/5-1041.1 from Ch. 34, par. 5-1041.1
55 ILCS 5/5-1041.2 new
Amends the Counties Code. Provides that the governing
board of a school district located in a county having a
population of 500,000 or more and less than 3,000,000 may
submit to the county board a written request that a meeting
be held to discuss school land and capital facilities
donations from a developer of a subdivision or resubdivision.
Effective immediately.
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1 AN ACT to amend the Counties Code by changing Sections
2 5-1041 and 5-1041.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Sections 5-1041 and 5-1041.1 as follows:
7 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
8 Sec. 5-1041. Maps, plats and subdivisions. A county board
9 may prescribe, by resolution or ordinance, reasonable rules
10 and regulations governing the location, width and course of
11 streets and highways and of floodplain, stormwater and
12 floodwater runoff channels and basins, and the provision of
13 necessary public grounds for schools, public libraries, parks
14 or playgrounds, and necessary capital facilities for schools,
15 in any map, plat or subdivision of any block, lot or sub-lot
16 or any part thereof or any piece or parcel of land, not being
17 within any city, village or incorporated town. The rules and
18 regulations may include such reasonable requirements with
19 respect to water supply and sewage collection and treatment
20 as may be established by the Environmental Protection Agency,
21 and such reasonable requirements with respect to floodplain
22 and stormwater management as may be established by the County
23 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
26 established by the county engineer or superintendent of
27 highways and which by resolution shall be deemed to be the
28 minimum requirements in the interest of the health, safety,
29 education and convenience of the public of the county; and
30 may provide by resolution that the map, plat or subdivision
31 shall be submitted to the county board or to some officer to
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1 be designated by the county board for their or his approval.
2 The county board shall have a qualified engineer make an
3 estimate of the probable expenditures necessary to enable any
4 person to conform with the standards of construction
5 established by the board pursuant to the provisions of this
6 Section. Each person who seeks the county board's approval of
7 a map, plat or subdivision shall post a good and sufficient
8 bond or other adequate security with the county clerk, in a
9 penal sum sufficient to cover the estimate of expenditures
10 made by the estimating engineer. The bond or other adequate
11 security shall be conditioned upon faithful adherence to the
12 rules and regulations of the county board promulgated
13 pursuant to the authorization granted to it by this Section
14 or by Section 5-1062 of this Code, and in such cases no such
15 map, plat or subdivision shall be entitled to record in the
16 proper county or have any validity until it has been so
17 approved. This Section is subject to the provisions of
18 Section 5-1123.
19 The county board may, by resolution, provide a schedule
20 of fees sufficient to reimburse the county for the costs
21 incurred in reviewing such maps, plats and subdivisions
22 submitted for approval to the county board. The fees
23 authorized by this Section are to be paid into the general
24 corporate fund of the county by the party desiring to have
25 the plat approved.
26 No officer designated by a county board for the approval
27 of plats shall engage in the business of surveying, and no
28 map, plat or subdivision shall be received for record or have
29 any validity which has been prepared by or under the
30 direction of such plat officer.
31 It is the intention of this amendatory Act of 1990 to
32 repeal the language added to Section 25.09 of "An Act to
33 revise the law in relation to counties", approved March 31,
34 1874, by P.A. 86-614, Section 25.09 of that Act being the
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1 predecessor of this Section.
2 (Source: P.A. 90-558, eff. 12-12-97.)
3 (55 ILCS 5/5-1041.1) (from Ch. 34, par. 5-1041.1)
4 Sec. 5-1041.1. School land and capital facilities
5 donations.
6 (a) The governing board of a school district that is
7 located in a county having a population of less than
8 3,000,000 may submit to the county board a written request
9 that a meeting be held to discuss school land donations,
10 capital facilities donations, or both from a developer of a
11 subdivision or resubdivision of land included within the area
12 served by the school district. In no event shall a
13 developer's donation of school land, capital facilities, or
14 both exceed his or her proportionate share of the costs to a
15 school district that are specifically and uniquely
16 attributable to the subdivision or resubdivision. In no
17 event shall the total donation required of a developer for
18 school land purposes, capital facilities purposes, or both
19 exceed the developer's maximum required school land donation
20 as authorized in this Section. Each subdivision or
21 resubdivision making a donation must receive a direct and
22 material benefit from school improvements resulting from the
23 school land donation, capital facilities donation, or both.
24 If any portion of a donation is not expended for the purposes
25 set forth in this Section within 10 years after the date of
26 final plat approval, it shall be refunded to the party who
27 made the donation. Refunds shall be provided only when the
28 payee presents a written request addressed to the affected
29 school district or Regional Superintendent of Schools within
30 the 11th year following the payment. Funds collected under
31 the provisions in this Section must be transferred to the
32 school district within 90 days after the date of collection.
33 (b) For purposes of this Section:
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1 "School land donation" means a donation of land for
2 public school purposes, a cash contribution in lieu of a
3 donation of land, or a combination of both.
4 "Capital facilities donation" means a cash contribution
5 to cover costs associated with school structural
6 improvements, limited to new school buildings; additions or
7 renovations to existing school buildings; upgrades on all
8 existing plumbing, electrical, and HVAC systems; similar
9 equipment installations in new school buildings; and fees
10 associated with school expansion such as architectural,
11 engineering, or recapture fees. A capital facilities donation
12 shall not be used to cure any existing deficiencies in a
13 school facility or to pay any fees associated with curing
14 those existing deficiencies.
15 "Proportionate share" means land and capital facilities
16 costs that are specifically and uniquely attributable to a
17 subdivision or resubdivision after the consideration of the
18 following factors: (i) the projected number of students
19 generated by the subdivision or resubdivision; (ii) any
20 appropriate credit or offset for the contribution of money;
21 (iii) construction of school capital facilities; (iv)
22 payments reasonably anticipated to be made by or as a result
23 of the subdivision or resubdivision in the form of fees, debt
24 service payments, or taxes that are dedicated for school land
25 or capital facilities; and (v) all other available sources of
26 funding school land and capital facilities. In order to make
27 a determination of a developer's proportionate share, the
28 county must have in place a formula that shall be assessed
29 consistently and accurately against all residential
30 subdivisions or resubdivisions.
31 "Specifically and uniquely attributable" means that a
32 subdivision or resubdivision creates the need or an
33 identifiable portion of the need for additional school land,
34 school capacity, or both to be provided by the donation. For
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1 the purposes of this Section, "school land donation" means a
2 donation of land for public school purposes or a cash
3 contribution in lieu thereof, or a combination of both.
4 (Source: P.A. 86-1039.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.