(605 ILCS 5/9-101.1) (from Ch. 121, par. 9-101.1)
Sec. 9-101.1.
Whenever the proper highway authority is about to construct or
improve the drainage structures of a State highway, county highways, or county
unit district road, the highway authority shall meet and consult with the
authorities of any municipality adjacent to or through which such highway or
road runs. The purpose of such meetings is to work out an agreement with such
municipality and all other interested agencies and units of local government as
to the extent of such drainage construction or improvement.
If a county or State highway, in a county of under 1,000,000 population,
adjoins a parcel of land proposed to be subdivided, the subdivider of the
parcel shall notify the proper highway authority in writing of the proposed
subdivision and provide the proper local authority that would approve the
subdivision a copy of the notice. The notice shall request of the proper
highway authority its need to have provided, at the cost of the highway
authority or as otherwise provided by law, additional capacity in any
stormwater detention facility to be constructed in the subdivision for the
future availability of the highway authority for meeting the stormwater
detention requirements of any future public construction on the highway. The
highway authority shall within 30 days of receipt of the written notice provide
written information to the proper local authority relative to the request. The
parties may then work out by agreement the extent of the inclusion of those
stormwater detention needs, if any, in the subdivision. The proper highway
authority may provide to the subdivider any funds generally available for
highway construction to provide for the highway authority's proportionate share
of the design of the stormwater detention and the proportionate share of the
cost of the property required for the stormwater detention including the impact
of density changes on said parcel as the parties may agree within 60 days of
the reply to the notice issued by the highway authority. In the event that the
parties are not able to reach agreement within the 60 days the parcel may be
subdivided as may be approved by the proper local authority without the
inclusion of said stormwater detention needs identified by the highway
authority.
(Source: P.A. 88-79.)
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