093_HB3866

 
                                     LRB093 12903 MKM 18111 b

 1        AN ACT concerning public libraries.

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

 4        Section 5. The  Counties  Code  is  amended  by  changing
 5    Sections 5-1041 and 5-1042 as follows:

 6        (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
 7        Sec.  5-1041.  Maps,  plats  and  subdivisions.  A county
 8    board may prescribe, by resolution or  ordinance,  reasonable
 9    rules  and  regulations  governing  the  location,  width and
10    course of streets and highways and of floodplain,  stormwater
11    and  floodwater runoff channels and basins, and the provision
12    of necessary public grounds for  schools,  public  libraries,
13    parks  or playgrounds, in any map, plat or subdivision of any
14    block, lot or sub-lot or any part thereof  or  any  piece  or
15    parcel  of  land,  not  being  within  any  city,  village or
16    incorporated town.  The rules  and  regulations  may  include
17    such reasonable requirements with respect to water supply and
18    sewage  collection and treatment as may be established by the
19    Environmental  Protection   Agency,   and   such   reasonable
20    requirements   with  respect  to  floodplain  and  stormwater
21    management as may be established  by  the  County  Stormwater
22    Management Committee established under Section 5-1062 of this
23    Code, and such reasonable requirements with respect to street
24    drainage  and  surfacing  as may be established by the county
25    engineer  or  superintendent  of  highways   and   which   by
26    resolution  shall be deemed to be the minimum requirements in
27    the interest of the health, safety, education and convenience
28    of the public of the county; and may  provide  by  resolution
29    that  the  map, plat or subdivision shall be submitted to the
30    county board or to some  officer  to  be  designated  by  the
31    county  board  for  their  or  his approval. The county board
 
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 1    shall have a qualified  engineer  make  an  estimate  of  the
 2    probable  expenditures  necessary  to  enable  any  person to
 3    conform with the standards of construction established by the
 4    board pursuant to the provisions of this Section.  Except  as
 5    provided  in  Section  3 of the Public Construction Bond Act,
 6    each person who seeks the county board's approval of  a  map,
 7    plat  or  subdivision  shall  post a good and sufficient cash
 8    bond, irrevocable letter of credit,  surety  bond,  or  other
 9    adequate  security  with  the  county  clerk,  in a penal sum
10    sufficient to cover the estimate of expenditures made by  the
11    estimating  engineer.  The  cash  bond, irrevocable letter of
12    credit, surety bond, or  other  adequate  security  shall  be
13    conditioned   upon   faithful  adherence  to  the  rules  and
14    regulations of the county board promulgated pursuant  to  the
15    authorization  granted  to  it  by this Section or by Section
16    5-1062 of this Code, and in such cases no such map,  plat  or
17    subdivision  shall be entitled to record in the proper county
18    or have any validity until it has been so  approved.  If  the
19    county  board requires a cash bond, letter of credit, surety,
20    or any other method to cover the costs and  expenses  and  to
21    insure completion of the requirements, the requirements shall
22    be  subject to the provisions of Section 5-1123 of this Code.
23    This Section is subject to the provisions of Section 5-1123.
24        The county board may, by resolution, provide  a  schedule
25    of  fees  sufficient  to  reimburse  the county for the costs
26    incurred in  reviewing  such  maps,  plats  and  subdivisions
27    submitted   for  approval  to  the  county  board.  The  fees
28    authorized by this Section are to be paid  into  the  general
29    corporate  fund  of  the county by the party desiring to have
30    the plat approved.
31        For  purposes  of   implementing   ordinances   regarding
32    developer  donations  or impact fees and only for the purpose
33    of expenditures thereof,  "public  grounds  for  schools"  is
34    defined as including land or site improvements, which include
 
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 1    school  buildings  or  other  infrastructure necessitated and
 2    specifically and uniquely attributable to the development  or
 3    subdivision  in  question.  This  amendatory  Act of the 93rd
 4    General Assembly applies to  all  impact  fees  or  developer
 5    donations  paid  into a school district or held in a separate
 6    account or escrow fund by any school district or county for a
 7    school district.
 8        For  purposes  of   implementing   ordinances   regarding
 9    developer  donations  or impact fees and only for the purpose
10    of expenditures thereof, "public  libraries"  is  defined  as
11    including   land  or  site  improvements,  including  library
12    buildings  or  other  infrastructure  necessitated   by   and
13    specifically  and uniquely attributable to the development or
14    subdivision in question. This  amendatory  Act  of  the  93rd
15    General  Assembly  applies  to  all  impact fees or developer
16    donations paid into a public library or library  district  or
17    held  in  a  separate  account  or  escrow fund by any public
18    library or library district or county for a public library or
19    library district.
20        No officer designated by a county board for the  approval
21    of  plats  shall  engage in the business of surveying, and no
22    map, plat or subdivision shall be received for record or have
23    any  validity  which  has  been  prepared  by  or  under  the
24    direction of such plat officer.
25        It is the intention of this amendatory  Act  of  1990  to
26    repeal  the  language  added  to  Section 25.09 of "An Act to
27    revise the law in relation to counties", approved  March  31,
28    1874,  by  P.A.  86-614,  Section 25.09 of that Act being the
29    predecessor of this Section.
30    (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)

31        (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
32        Sec. 5-1042. Maps,  plats  and  subdivisions  in  certain
33    counties.  In  any  county with a population not in excess of
 
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 1    500,000 located  in  the  area  served  by  the  Northeastern
 2    Illinois Metropolitan Planning Commission, a county board may
 3    establish  by  ordinance  or  resolution of record reasonable
 4    rules and  regulations  governing  the  location,  width  and
 5    course  of  streets and highways, and the provision of public
 6    grounds for schools, public libraries, parks or  playgrounds,
 7    in  any map, plat or subdivision of any block, lot or sub-lot
 8    or any part thereof or any piece or parcel  of  land  in  the
 9    county,  not  being  within any city, village or incorporated
10    town in the county which rules and  regulations  may  include
11    such reasonable requirements with respect to water supply and
12    sewage   collection   and   treatment,  and  such  reasonable
13    requirements with respect to street drainage  and  surfacing,
14    as  may  be  established  by  the  county  board  as  minimum
15    requirements  in  the  interest  of  the  health,  safety and
16    convenience of the public of the county; and may  require  by
17    ordinance  or  resolution  of  record  that  any map, plat or
18    subdivision shall be submitted to the county  board  or  some
19    officer  to  be designated by the county board for its or his
20    approval in the manner provided in  Section  5-1041,  and  to
21    require  bonds and charge fees as provided in Section 5-1041.
22    This Section is subject to the provisions of Section 5-1123.
23        For  purposes  of   implementing   ordinances   regarding
24    developer  donations  or impact fees and only for the purpose
25    of expenditures thereof,  "public  grounds  for  schools"  is
26    defined as including land or site improvements, which include
27    school  buildings  or  other  infrastructure necessitated and
28    specifically and uniquely attributable to the development  or
29    subdivision  in  question.  This  amendatory  Act of the 93rd
30    General Assembly applies to  all  impact  fees  or  developer
31    donations  paid  into a school district or held in a separate
32    account or escrow fund by any school district or county for a
33    school district.
34        For  purposes  of   implementing   ordinances   regarding
 
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 1    developer  donations  or impact fees and only for the purpose
 2    of expenditures thereof, "public  libraries"  is  defined  as
 3    including   land  or  site  improvements,  including  library
 4    buildings  or  other  infrastructure  necessitated   by   and
 5    specifically  and uniquely attributable to the development or
 6    subdivision in question. This  amendatory  Act  of  the  93rd
 7    General  Assembly  applies  to  all  impact fees or developer
 8    donations paid into a public library or library  district  or
 9    held  in  a  separate  account  or  escrow fund by any public
10    library or library district or county for a public library or
11    library district.
12    (Source: P.A. 93-330, eff. 7-24-03.)

13        Section 10.  The Illinois Municipal Code  is  amended  by
14    changing Section 11-12-5 as follows:

15        (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
16        Sec.   11-12-5.  Every   plan   commission  and  planning
17    department authorized by this division 12 has  the  following
18    powers  and  whenever  in  this  division  12  the  term plan
19    commission is used such term shall be deemed to  include  the
20    term planning department:
21        (1)  To   prepare   and   recommend   to   the  corporate
22    authorities a comprehensive plan for the present  and  future
23    development  or  redevelopment of the municipality. Such plan
24    may be adopted  in  whole  or  in  separate  geographical  or
25    functional  parts,  each of which, when adopted, shall be the
26    official  comprehensive  plan,  or  part  thereof,  of   that
27    municipality.  This  plan may include reasonable requirements
28    with reference to streets, alleys, public grounds, and  other
29    improvements  hereinafter specified. The plan, as recommended
30    by the plan commission  and  as  thereafter  adopted  in  any
31    municipality  in  this  state, may be made applicable, by the
32    terms thereof, to land situated within the  corporate  limits
 
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 1    and contiguous territory not more than one and one-half miles
 2    beyond   the   corporate  limits  and  not  included  in  any
 3    municipality. Such plan may be implemented by ordinances  (a)
 4    establishing  reasonable standards of design for subdivisions
 5    and for  resubdivisions  of  unimproved  land  and  of  areas
 6    subject to redevelopment in respect to public improvements as
 7    herein  defined;  (b)  establishing  reasonable  requirements
 8    governing  the  location,  width,  course,  and  surfacing of
 9    public streets and highways, alleys, ways for public  service
10    facilities,  curbs, gutters, sidewalks, street lights, parks,
11    playgrounds, school grounds, public libraries, size  of  lots
12    to  be  used  for residential purposes, storm water drainage,
13    water supply and distribution, sanitary  sewers,  and  sewage
14    collection and treatment; and (c) may designate land suitable
15    for annexation to the municipality and the recommended zoning
16    classification for such land upon annexation.
17        (2)  To  recommend  changes,  from  time  to time, in the
18    official comprehensive plan.
19        (3)  To  prepare   and   recommend   to   the   corporate
20    authorities,   from   time   to   time,  plans  for  specific
21    improvements in pursuance of the official comprehensive plan.
22        (4)  To give aid to the municipal officials charged  with
23    the  direction  of  projects for improvements embraced within
24    the official plan, to further the making of  these  projects,
25    and,  generally,  to  promote the realization of the official
26    comprehensive plan.
27        (5)  To  prepare   and   recommend   to   the   corporate
28    authorities  schemes  for regulating or forbidding structures
29    or  activities  which  may  hinder  access  to  solar  energy
30    necessary for the proper functioning of solar energy systems,
31    as defined in Section 1.2 of The Comprehensive  Solar  Energy
32    Act of 1977, or to recommend changes in such schemes.
33        (6)  To  exercise such other powers germane to the powers
34    granted by this article as may be conferred by the  corporate
 
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 1    authorities.
 2        (7)  For  purposes  of  implementing ordinances regarding
 3    developer donations or  impact  fees,  and  specifically  for
 4    expenditures   thereof,   "school   grounds"  is  defined  as
 5    including land or site  improvements,  which  include  school
 6    buildings    or   other   infrastructure   necessitated   and
 7    specifically and uniquely attributed to  the  development  or
 8    subdivision  in  question.  This  amendatory  Act of the 93rd
 9    General Assembly applies to  all  impact  fees  or  developer
10    donations  paid  into a school district or held in a separate
11    account or escrow fund by any school district or municipality
12    for a school district.
13        (8)  For purposes of  implementing  ordinances  regarding
14    developer  donations  or impact fees and only for the purpose
15    of expenditures thereof, "public  libraries"  is  defined  as
16    including   land  or  site  improvements,  including  library
17    buildings  or  other  infrastructure  necessitated   by   and
18    specifically  and uniquely attributable to the development or
19    subdivision in question. This  amendatory  Act  of  the  93rd
20    General  Assembly  applies  to  all  impact fees or developer
21    donations paid into a public library or library  district  or
22    held  in  a  separate  account  or  escrow fund by any public
23    library or library district  or  municipality  for  a  public
24    library or library district.
25    (Source: P.A. 93-330, eff. 7-24-03.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.