093_HB3867

 
                                     LRB093 13317 MKM 18597 b

 1        AN ACT concerning local government.

 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, including impact fees or developer donations
 8    held  by  any school district or county for a school district
 9    before July 24, 2003.
10        No officer designated by a county board for the  approval
11    of  plats  shall  engage in the business of surveying, and no
12    map, plat or subdivision shall be received for record or have
13    any  validity  which  has  been  prepared  by  or  under  the
14    direction of such plat officer.
15        It is the intention of this amendatory  Act  of  1990  to
16    repeal  the  language  added  to  Section 25.09 of "An Act to
17    revise the law in relation to counties", approved  March  31,
18    1874,  by  P.A.  86-614,  Section 25.09 of that Act being the
19    predecessor of this Section.
20    (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)

21        (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
22        Sec. 5-1042. Maps,  plats  and  subdivisions  in  certain
23    counties.  In  any  county with a population not in excess of
24    500,000 located  in  the  area  served  by  the  Northeastern
25    Illinois Metropolitan Planning Commission, a county board may
26    establish  by  ordinance  or  resolution of record reasonable
27    rules and  regulations  governing  the  location,  width  and
28    course  of  streets and highways, and the provision of public
29    grounds for schools, parks or playgrounds, in any  map,  plat
30    or  subdivision  of  any  block,  lot  or sub-lot or any part
31    thereof or any piece or parcel of land  in  the  county,  not
32    being  within  any  city, village or incorporated town in the
33    county  which  rules  and  regulations   may   include   such
 
                            -4-      LRB093 13317 MKM 18597 b
 1    reasonable  requirements  with  respect  to  water supply and
 2    sewage  collection  and  treatment,   and   such   reasonable
 3    requirements  with  respect to street drainage and surfacing,
 4    as  may  be  established  by  the  county  board  as  minimum
 5    requirements in  the  interest  of  the  health,  safety  and
 6    convenience  of  the public of the county; and may require by
 7    ordinance or resolution of  record  that  any  map,  plat  or
 8    subdivision  shall  be  submitted to the county board or some
 9    officer to be designated by the county board for its  or  his
10    approval  in  the  manner  provided in Section 5-1041, and to
11    require bonds and charge fees as provided in Section  5-1041.
12    This Section is subject to the provisions of Section 5-1123.
13        For   purposes   of   implementing  ordinances  regarding
14    developer donations or impact fees and only for  the  purpose
15    of  expenditures  thereof,  "public  grounds  for schools" is
16    defined as including land or site improvements, which include
17    school buildings or  other  infrastructure  necessitated  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 school district or held in  a  separate
22    account or escrow fund by any school district or county for a
23    school district, including impact fees or developer donations
24    held  by  any school district or county for a school district
25    before July 24, 2003.
26    (Source: P.A. 93-330, eff. 7-24-03.)

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

29        (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
30        Sec.   11-12-5.  Every   plan   commission  and  planning
31    department authorized by this division 12 has  the  following
32    powers  and  whenever  in  this  division  12  the  term plan
 
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 1    commission is used such term shall be deemed to  include  the
 2    term planning department:
 3        (1)  To   prepare   and   recommend   to   the  corporate
 4    authorities a comprehensive plan for the present  and  future
 5    development  or  redevelopment of the municipality. Such plan
 6    may be adopted  in  whole  or  in  separate  geographical  or
 7    functional  parts,  each of which, when adopted, shall be the
 8    official  comprehensive  plan,  or  part  thereof,  of   that
 9    municipality.  This  plan may include reasonable requirements
10    with reference to streets, alleys, public grounds, and  other
11    improvements  hereinafter specified. The plan, as recommended
12    by the plan commission  and  as  thereafter  adopted  in  any
13    municipality  in  this  state, may be made applicable, by the
14    terms thereof, to land situated within the  corporate  limits
15    and contiguous territory not more than one and one-half miles
16    beyond   the   corporate  limits  and  not  included  in  any
17    municipality. Such plan may be implemented by ordinances  (a)
18    establishing  reasonable standards of design for subdivisions
19    and for  resubdivisions  of  unimproved  land  and  of  areas
20    subject to redevelopment in respect to public improvements as
21    herein  defined;  (b)  establishing  reasonable  requirements
22    governing  the  location,  width,  course,  and  surfacing of
23    public streets and highways, alleys, ways for public  service
24    facilities,  curbs, gutters, sidewalks, street lights, parks,
25    playgrounds, school grounds, size of  lots  to  be  used  for
26    residential  purposes, storm water drainage, water supply and
27    distribution, sanitary  sewers,  and  sewage  collection  and
28    treatment; and (c) may designate land suitable for annexation
29    to the municipality and the recommended zoning classification
30    for such land upon annexation.
31        (2)  To  recommend  changes,  from  time  to time, in the
32    official comprehensive plan.
33        (3)  To  prepare   and   recommend   to   the   corporate
34    authorities,   from   time   to   time,  plans  for  specific
 
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 1    improvements in pursuance of the official comprehensive plan.
 2        (4)  To give aid to the municipal officials charged  with
 3    the  direction  of  projects for improvements embraced within
 4    the official plan, to further the making of  these  projects,
 5    and,  generally,  to  promote the realization of the official
 6    comprehensive plan.
 7        (5)  To  prepare   and   recommend   to   the   corporate
 8    authorities  schemes  for regulating or forbidding structures
 9    or  activities  which  may  hinder  access  to  solar  energy
10    necessary for the proper functioning of solar energy systems,
11    as defined in Section 1.2 of The Comprehensive  Solar  Energy
12    Act of 1977, or to recommend changes in such schemes.
13        (6)  To  exercise such other powers germane to the powers
14    granted by this article as may be conferred by the  corporate
15    authorities.
16        (7)  For  purposes  of  implementing ordinances regarding
17    developer donations or  impact  fees,  and  specifically  for
18    expenditures   thereof,   "school   grounds"  is  defined  as
19    including land or site  improvements,  which  include  school
20    buildings    or   other   infrastructure   necessitated   and
21    specifically and uniquely attributed to  the  development  or
22    subdivision  in  question.  This  amendatory  Act of the 93rd
23    General Assembly applies to  all  impact  fees  or  developer
24    donations  paid  into a school district or held in a separate
25    account or escrow fund by any school district or municipality
26    for a school district, including  impact  fees  or  developer
27    donations  held  by any school district or municipality for a
28    school district before July 24, 2003.
29    (Source: P.A. 93-330, eff. 7-24-03.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.