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| [ Introduced ] | [ Senate Amendment 001 ] |
90_SB0929eng
New Act
Creates the Builder and Developer Land Valuation Act with
a short title only.
LRB9003465DNmb
SB929 Engrossed LRB9003465DNmb
1 AN ACT concerning land donations.
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 adding
5 Section 5-1041.2 as follows:
6 (55 ILCS 5/5-1041.2 new)
7 Sec. 5-1041.2. Land donations.
8 (a) For purposes of this Section, "land donation" means
9 a donation of land for a school site or park site, or a cash
10 contribution instead of a land donation, or a combination of
11 both, required by a county under the authority granted by
12 this Division 5-1.
13 (b) Any land donation required as a condition of
14 residential subdivision, resubdivision, or development shall
15 be based upon an ordinance that specifies the population
16 expected to be generated by residential development, the
17 number of acres of school site or park site required to serve
18 the population generated by residential development, and the
19 value of an acre of land improved with subdivision
20 improvements, as calculated herein, for cash contributions in
21 lieu of the conveyance of land. Such ordinances shall meet
22 the following requirements:
23 (1) The population expected to be generated by
24 residential development shall set forth by age group the
25 number of persons expected to reside in single family
26 detached homes containing 2, 3, 4, and 5 bedrooms; single
27 family attached homes containing 2, 3, and 4 bedrooms;
28 and apartments containing 1, 2, and 3 bedrooms. The age
29 groups to be specified shall be pre-school, elementary
30 school, junior high school, senior high school, and
31 adults. Residential units in developments that are
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1 lawfully limited and principally occupied by persons aged
2 55 and older shall be set forth separately, so that
3 school contributions are not required and such units do
4 not lower the average number of children for all other
5 units. The population predictions shall be based upon a
6 current, statistically accurate study of all existing
7 residential units of all ages in the county or in the
8 metropolitan region in which the county is located. Such
9 study shall be updated at least every 5 years.
10 (2) The number of acres to be required shall not
11 exceed (i) 5 acres plus 1 acre for each 100 students of
12 projected enrollment for elementary schools; (ii) 20
13 acres plus 1 acre for each 100 students of projected
14 enrollment for junior high schools; (iii) 30 acres plus 1
15 acre for each 100 students of projected enrollment for
16 senior high schools; and (iv) 5.5 acres per 1,000
17 population for park sites.
18 (3) Cash in lieu of land conveyance may be required
19 when the site to be conveyed based on the projected
20 population from the proposed development would be too
21 small for practical use, located in an area not
22 convenient to the school or park districts, or when a
23 combination of land and cash is appropriate. In all
24 cases, the intent of a cash contribution is to require
25 the developer to pay in cash the costs he or she would
26 have incurred to convey a site improved to subdivision
27 standards. The ordinance shall specify the value of an
28 acre of land with subdivision improvements. The value
29 shall be determined by adding the following:
30 (A) The average cost of an acre of unimproved
31 land, not yet annexed to or zoned by a municipality,
32 but planned for residential purposes on the county's
33 master plan, as determined from actual sales of
34 parcels in excess of 25 acres in the county within
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1 the prior 5 years;
2 (B) The current estimated cost per acre for
3 subdivision frontage improvements for a square 16.5
4 acre site with one street frontage, for 1/2 the cost
5 of a collector street with water, sanitary sewer,
6 storm sewer, street lights, curb, and gutter;
7 (C) The average cost per acre of mass grading
8 for residential subdivisions in the county, and not
9 annexed to any municipality, for the prior 5 years;
10 (D) The average cost per acre for off-site
11 extensions of sanitary sewer and water (less amounts
12 subject to recapture) for residential subdivisions
13 in the county, and not annexed to any municipality,
14 for the prior 5 years.
15 The sum of these 4 factors shall be the maximum per
16 acre value imposed on a developer in lieu of an acre of
17 land conveyance.
18 (4) A home rule unit may not impose a land donation
19 in a manner inconsistent with this Section. This Section
20 is a limitation under subsection (i) of Section 6 of
21 Article VII of the Illinois Constitution on the
22 concurrent exercise by home rule units of powers and
23 functions exercised by the State.
24 Section 10. The Illinois Municipal Code is amended by
25 adding Section 11-12-5.2 as follows:
26 (65 ILCS 5/11-12-5.2 new)
27 Sec. 11-12-5.2. Land donations.
28 (a) For purposes of this Section, "land donation" means
29 a donation of land for a school site or park site, or a cash
30 contribution instead of a land donation, or a combination of
31 both, required by a municipality under the authority granted
32 by this Division 12.
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1 (b) Any land donation required as a condition of
2 residential subdivision, resubdivision, development, or
3 annexation shall be based upon an ordinance that specifies
4 the population expected to be generated by residential
5 development, the number of acres of school site or park site
6 required to serve the population generated by residential
7 development, and the value of an acre of land improved with
8 subdivision improvements, as calculated herein, for cash
9 contributions in lieu of the conveyance of land. Such
10 ordinances shall meet the following requirements:
11 (1) The population expected to be generated by
12 residential development shall set forth by age group the
13 number of persons expected to reside in single family
14 detached homes containing 2, 3, 4, and 5 bedrooms; single
15 family attached homes containing 2, 3, and 4 bedrooms;
16 and apartments containing 1, 2, and 3 bedrooms. The age
17 groups to be specified shall be pre-school, elementary
18 school, junior high school, senior high school, and
19 adults. Residential units in developments that are
20 lawfully limited and principally occupied by persons aged
21 55 and older shall be set forth separately, so that
22 school contributions are not required and such units do
23 not lower the average number of children for all other
24 units. The population predictions shall be based upon a
25 current, statistically accurate study of all existing
26 residential units of all ages in the municipality or in
27 the metropolitan region in which the municipality is
28 located. Such study shall be updated at least every 5
29 years.
30 (2) The number of acres to be required shall not
31 exceed (i) 5 acres plus 1 acre for each 100 students of
32 projected enrollment for elementary schools; (ii) 20
33 acres plus 1 acre for each 100 students of projected
34 enrollment for junior high schools; (iii) 30 acres plus 1
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1 acre for each 100 students of projected enrollment for
2 senior high schools; and (iv) 5.5 acres per 1,000
3 population for park sites.
4 (3) Cash in lieu of land conveyance may be required
5 when the site to be conveyed, based on the projected
6 population from the proposed development, would be too
7 small for practical use, located in an area not
8 convenient to the school or park districts, or when a
9 combination of land and cash is appropriate. In all
10 cases, the intent of a cash contribution is to require
11 the developer to pay in cash the costs he or she would
12 have incurred to convey a site improved to subdivision
13 standards. The ordinance shall specify the value of an
14 acre of land with subdivision improvements. The value
15 shall be determined by adding the following:
16 (A) The average cost of an acre of unimproved
17 land, not yet annexed to or zoned by a municipality,
18 but planned for residential purposes on the
19 municipality's master plan, as determined from
20 actual sales of parcels in excess of 25 acres in the
21 municipal planning area within the prior 5 years;
22 (B) The current estimated cost per acre for
23 subdivision frontage improvements for a square 16.5
24 acre site with one street frontage, for 1/2 the cost
25 of a collector street with water, sanitary sewer,
26 storm sewer, street lights, curb, and gutter;
27 (C) The average cost per acre of mass grading
28 for residential subdivisions in the municipality for
29 the prior 5 years;
30 (D) The average cost per acre for off-site
31 extensions of sanitary sewer and water (less amounts
32 subject to recapture) for residential subdivisions
33 in the municipality for the prior 5 years.
34 The sum of these 4 factors shall be the maximum per
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1 acre value imposed on a developer in lieu of an acre of
2 land conveyance.
3 (4) A home rule unit may not impose a land donation
4 in a manner inconsistent with this Section. This Section
5 is a limitation under subsection (i) of Section 6 of
6 Article VII of the Illinois Constitution on the
7 concurrent exercise by home rule units of powers and
8 functions exercised by the State.