98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5645

 

Introduced , by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 5/6-134 new

    Amends the Illinois Highway Code. Provides that a residential neighborhood within the unincorporated boundaries of a township road district whose private roadways are maintained by a homeowner's association or other neighborhood association may vote to turn authority and control over its roadways to the township road district. Provides notice and voting requirements for members of the neighborhood organization. Provides that roads to be turned over to the township road district in this manner must meet the following criteria: (1) be located within the boundaries of a county whose population is no less than 500,000 people; (2) lie within a neighborhood where the majority of the neighborhood was platted before 1970; (3) the neighborhood organization must consist of more than 5 residential units; and (4) the neighborhood cannot be part of a gated community, have a guard post, or have any physical obstructions that prevent ongoing and regular access by the general public.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Highway Code is amended by adding
5Section 6-134 as follows:
 
6    (605 ILCS 5/6-134 new)
7    Sec. 6-134. Township road district; private roadways.
8    (a) For purposes of this Section, a "neighborhood
9organization" includes a homeowners' association, property
10owners' association, or any similar entity.
11    (b) A neighborhood organization that oversees a
12residential neighborhood that (A) exists within the
13unincorporated boundaries of any township road district; and
14(B) has residential roadways considered to be private roadways
15maintained by the neighborhood organization may vote to declare
16the private roadways to be public roadways. Upon declaring the
17neighborhood's private roadways to be public roadways, all
18authority and control over the roadways shall be transferred to
19the township road district within which the residential
20neighborhood is located. This declaration must be in the form
21of a resolution drafted by the neighborhood organization and
22voted on by the neighborhood organization's members as
23described in this Section. If the resolution is approved the

 

 

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1neighborhood organization must submit the approved resolution
2to the highway commissioner and the county clerk.
3    (c) The governing board of any neighborhood organization
4seeking to transfer the private roadways under its jurisdiction
5to the public must:
6        (1) provide members ample notification of the vote, its
7    purpose, and the date and time of the meeting when the vote
8    is to be held, no less than 14 days before; and
9        (2) obtain a majority of affirmative votes of those
10    present at the meeting.
11    (d) This Section shall only apply to areas that meet the
12following qualifications:
13        (1) the roadways to be turned over must be located
14    within the boundaries of a county whose population is no
15    less than 500,000 people as determined by the most recent
16    U.S. Census;
17        (2) the majority of the neighborhood which the
18    neighborhood organization oversees was platted before
19    1970;
20        (3) the neighborhood organization must be comprised of
21    more than 5 residential units; and
22        (4) the roadways cannot be part of a gated community,
23    have a guard post, or have any physical obstructions that
24    prevent ongoing and regular access by the general public.