Illinois General Assembly - Full Text of Public Act 093-0330
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Public Act 093-0330


 

Public Act 93-0330 of the 93rd General Assembly


Public Act 93-0330

HB0528 Enrolled                      LRB093 08171 MKM 08377 b

    AN ACT in relation to school impact fees.

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

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

    (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
    Sec. 5-1041.  Maps,  plats  and  subdivisions.  A  county
board  may  prescribe, by resolution or ordinance, reasonable
rules and  regulations  governing  the  location,  width  and
course  of streets and highways and of floodplain, stormwater
and floodwater runoff channels and basins, and the  provision
of  necessary  public  grounds for schools, public libraries,
parks or playgrounds, in any map, plat or subdivision of  any
block,  lot  or  sub-lot  or any part thereof or any piece or
parcel of  land,  not  being  within  any  city,  village  or
incorporated  town.   The  rules  and regulations may include
such reasonable requirements with respect to water supply and
sewage collection and treatment as may be established by  the
Environmental   Protection   Agency,   and   such  reasonable
requirements  with  respect  to  floodplain  and   stormwater
management  as  may  be  established by the County Stormwater
Management Committee established under Section 5-1062 of this
Code, and such reasonable requirements with respect to street
drainage and surfacing as may be established  by  the  county
engineer   or   superintendent   of  highways  and  which  by
resolution shall be deemed to be the minimum requirements  in
the interest of the health, safety, education and convenience
of  the  public  of the county; and may provide by resolution
that the map, plat or subdivision shall be submitted  to  the
county  board  or  to  some  officer  to be designated by the
county board for their or  his  approval.  The  county  board
shall  have  a  qualified  engineer  make  an estimate of the
probable expenditures  necessary  to  enable  any  person  to
conform with the standards of construction established by the
board  pursuant  to the provisions of this Section. Except as
provided in Section 3 of the Public  Construction  Bond  Act,
each  person  who seeks the county board's approval of a map,
plat or subdivision shall post a  good  and  sufficient  cash
bond,  irrevocable  letter  of  credit, surety bond, or other
adequate security with the  county  clerk,  in  a  penal  sum
sufficient  to cover the estimate of expenditures made by the
estimating engineer. The cash  bond,  irrevocable  letter  of
credit,  surety  bond,  or  other  adequate security shall be
conditioned  upon  faithful  adherence  to  the   rules   and
regulations  of  the county board promulgated pursuant to the
authorization granted to it by this  Section  or  by  Section
5-1062  of  this Code, and in such cases no such map, plat or
subdivision shall be entitled to record in the proper  county
or  have  any  validity until it has been so approved. If the
county board requires a cash bond, letter of credit,  surety,
or  any  other  method to cover the costs and expenses and to
insure completion of the requirements, the requirements shall
be subject to the provisions of Section 5-1123 of this  Code.
This Section is subject to the provisions of Section 5-1123.
    The  county  board may, by resolution, provide a schedule
of fees sufficient to reimburse  the  county  for  the  costs
incurred  in  reviewing  such  maps,  plats  and subdivisions
submitted  for  approval  to  the  county  board.  The   fees
authorized  by  this  Section are to be paid into the general
corporate fund of the county by the party  desiring  to  have
the plat approved.
    For   purposes   of   implementing  ordinances  regarding
developer donations or impact fees and only for  the  purpose
of  expenditures  thereof,  "public  grounds  for schools" is
defined as including land or site improvements, which include
school buildings or  other  infrastructure  necessitated  and
specifically  and uniquely attributable to the development or
subdivision in question. This  amendatory  Act  of  the  93rd
General  Assembly  applies  to  all  impact fees or developer
donations paid into a school district or held in  a  separate
account or escrow fund by any school district or county for a
school district.
    No  officer designated by a county board for the approval
of plats shall engage in the business of  surveying,  and  no
map, plat or subdivision shall be received for record or have
any  validity  which  has  been  prepared  by  or  under  the
direction of such plat officer.
    It  is  the  intention  of this amendatory Act of 1990 to
repeal the language added to Section  25.09  of  "An  Act  to
revise  the  law in relation to counties", approved March 31,
1874, by P.A. 86-614, Section 25.09 of  that  Act  being  the
predecessor of this Section.
(Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)

    (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
    Sec.  5-1042.  Maps,  plats  and  subdivisions in certain
counties. In any county with a population not  in  excess  of
500,000  located  in  the  area  served  by  the Northeastern
Illinois Metropolitan Planning Commission, a county board may
establish by ordinance or  resolution  of  record  reasonable
rules  and  regulations  governing  the  location,  width and
course of streets and highways, and the provision  of  public
grounds  for  schools, parks or playgrounds, in any map, plat
or subdivision of any block,  lot  or  sub-lot  or  any  part
thereof  or  any  piece  or parcel of land in the county, not
being within any city, village or incorporated  town  in  the
county   which   rules   and  regulations  may  include  such
reasonable requirements with  respect  to  water  supply  and
sewage   collection   and   treatment,  and  such  reasonable
requirements with respect to street drainage  and  surfacing,
as  may  be  established  by  the  county  board  as  minimum
requirements  in  the  interest  of  the  health,  safety and
convenience of the public of the county; and may  require  by
ordinance  or  resolution  of  record  that  any map, plat or
subdivision shall be submitted to the county  board  or  some
officer  to  be designated by the county board for its or his
approval in the manner provided in  Section  5-1041,  and  to
require  bonds and charge fees as provided in Section 5-1041.
This Section is subject to the provisions of Section 5-1123.
    For  purposes  of   implementing   ordinances   regarding
developer  donations  or impact fees and only for the purpose
of expenditures thereof,  "public  grounds  for  schools"  is
defined as including land or site improvements, which include
school  buildings  or  other  infrastructure necessitated and
specifically and uniquely attributable to the development  or
subdivision  in  question.  This  amendatory  Act of the 93rd
General Assembly applies to  all  impact  fees  or  developer
donations  paid  into a school district or held in a separate
account or escrow fund by any school district or county for a
school district.
(Source: P.A. 90-558, eff. 12-12-97.)

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

    (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
    Sec.   11-12-5.  Every   plan   commission  and  planning
department authorized by this division 12 has  the  following
powers  and  whenever  in  this  division  12  the  term plan
commission is used such term shall be deemed to  include  the
term planning department:
    (1)  To   prepare   and   recommend   to   the  corporate
authorities a comprehensive plan for the present  and  future
development  or  redevelopment of the municipality. Such plan
may be adopted  in  whole  or  in  separate  geographical  or
functional  parts,  each of which, when adopted, shall be the
official  comprehensive  plan,  or  part  thereof,  of   that
municipality.  This  plan may include reasonable requirements
with reference to streets, alleys, public grounds, and  other
improvements  hereinafter specified. The plan, as recommended
by the plan commission  and  as  thereafter  adopted  in  any
municipality  in  this  state, may be made applicable, by the
terms thereof, to land situated within the  corporate  limits
and contiguous territory not more than one and one-half miles
beyond   the   corporate  limits  and  not  included  in  any
municipality. Such plan may be implemented by ordinances  (a)
establishing  reasonable standards of design for subdivisions
and for  resubdivisions  of  unimproved  land  and  of  areas
subject to redevelopment in respect to public improvements as
herein  defined;  (b)  establishing  reasonable  requirements
governing  the  location,  width,  course,  and  surfacing of
public streets and highways, alleys, ways for public  service
facilities,  curbs, gutters, sidewalks, street lights, parks,
playgrounds, school grounds, size of  lots  to  be  used  for
residential  purposes, storm water drainage, water supply and
distribution, sanitary  sewers,  and  sewage  collection  and
treatment; and (c) may designate land suitable for annexation
to the municipality and the recommended zoning classification
for such land upon annexation.
    (2)  To  recommend  changes,  from  time  to time, in the
official comprehensive plan.
    (3)  To  prepare   and   recommend   to   the   corporate
authorities,   from   time   to   time,  plans  for  specific
improvements in pursuance of the official comprehensive plan.
    (4)  To give aid to the municipal officials charged  with
the  direction  of  projects for improvements embraced within
the official plan, to further the making of  these  projects,
and,  generally,  to  promote the realization of the official
comprehensive plan.
    (5)  To  prepare   and   recommend   to   the   corporate
authorities  schemes  for regulating or forbidding structures
or  activities  which  may  hinder  access  to  solar  energy
necessary for the proper functioning of solar energy systems,
as defined in Section 1.2 of The Comprehensive  Solar  Energy
Act of 1977, or to recommend changes in such schemes.
    (6)  To  exercise such other powers germane to the powers
granted by this article as may be conferred by the  corporate
authorities.
    (7)  For  purposes  of  implementing ordinances regarding
developer donations or  impact  fees,  and  specifically  for
expenditures   thereof,   "school   grounds"  is  defined  as
including land or site  improvements,  which  include  school
buildings    or   other   infrastructure   necessitated   and
specifically and uniquely attributed to  the  development  or
subdivision  in  question.  This  amendatory  Act of the 93rd
General Assembly applies to  all  impact  fees  or  developer
donations  paid  into a school district or held in a separate
account or escrow fund by any school district or municipality
for a school district.
(Source: P.A. 86-614; 86-1039.)

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

Effective Date: 07/24/03