State of Illinois
91st General Assembly
Legislation

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91_HB2698eng

 
HB2698 Engrossed                               LRB9100308PTbd

 1        AN  ACT  to  amend  the Township Code by changing Section
 2    115-5.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Township  Code  is amended by changing
 6    Section 115-5 as follows:

 7        (60 ILCS 1/115-5)
 8        Sec.  115-5.  Definitions.   As  used  in  this  Article,
 9    unless the context otherwise requires:
10          "Board" means the township board in counties  having  a
11    population of more than 150,000 250,000.
12        "Development  of  real  property" means the constructing,
13    installing,  planting  or  creating  of  any   permanent   or
14    temporary improvement of real property that has been acquired
15    for open space purposes.
16          "Open  land" or "open space" means any space or area of
17    land  or  water  of  an  area  of  50  acres  or  more,   the
18    preservation  or  the  restriction  of  development or use of
19    which would (i)  maintain  or  enhance  the  conservation  of
20    natural  or scenic resources; (ii) protect natural streams or
21    water supply; (iii) promote conservation of soils, wet lands,
22    or shores; (iv) afford or enhance public  outdoor  recreation
23    opportunities;  (v)  preserve  flora  and  fauna,  geological
24    features,  historic  sites,  or other areas of educational or
25    scientific interest; (vi) enhance the value to the public  of
26    abutting  or  neighboring  highways,  parks,  or other public
27    lands; (vii) implement the plan of development adopted by the
28    planning commission of any municipality or county; or  (viii)
29    promote  orderly urban or suburban development. A township at
30    any time may release a specified parcel of land from an  open
31    space  plan and allow the development of the parcel to occur.
 
HB2698 Engrossed            -2-                LRB9100308PTbd
 1    Once  development  (as  defined  in   Section   115-55)   has
 2    commenced,   the   land  shall  no  longer  be  eligible  for
 3    acquisition as open space or open land.
 4          "Open space plan" means the written plan adopted by the
 5    board  to  implement  an  open  space  program  and  includes
 6    properly adopted amendments or additions to the plan.
 7        "Open space program" means the acquisition of the fee  or
 8    of  a  lesser right or interest in tracts of open land in the
 9    township for open space purposes.
10          "Open space purposes" includes (i) the preservation and
11    maintenance of open land, scenic roadways, and pathways; (ii)
12    the holding of real property described in clause (i), with or
13    without public  access,  for  the  education,  pleasure,  and
14    recreation  of  the  public  or  for other open space values;
15    (iii) the preservation of portions of that property in  their
16    natural  condition  and  the development of other portions of
17    that property; (iv) the management and use of  that  property
18    in  a  manner  and  with  restrictions  that  will  leave  it
19    unimpaired  for  the  benefit  of future generations; and (v)
20    otherwise promoting the conservation of the nature, flora and
21    fauna, natural environment,  and  natural  resources  of  the
22    township.
23    (Source: P.A. 85-1140; 88-62.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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