093_HB0528enr

 
HB0528 Enrolled                      LRB093 08171 MKM 08377 b

 1        AN ACT in relation to school impact fees.

 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.
 8        No officer designated by a county board for the  approval
 9    of  plats  shall  engage in the business of surveying, and no
10    map, plat or subdivision shall be received for record or have
11    any  validity  which  has  been  prepared  by  or  under  the
12    direction of such plat officer.
13        It is the intention of this amendatory  Act  of  1990  to
14    repeal  the  language  added  to  Section 25.09 of "An Act to
15    revise the law in relation to counties", approved  March  31,
16    1874,  by  P.A.  86-614,  Section 25.09 of that Act being the
17    predecessor of this Section.
18    (Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)

19        (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
20        Sec. 5-1042. Maps,  plats  and  subdivisions  in  certain
21    counties.  In  any  county with a population not in excess of
22    500,000 located  in  the  area  served  by  the  Northeastern
23    Illinois Metropolitan Planning Commission, a county board may
24    establish  by  ordinance  or  resolution of record reasonable
25    rules and  regulations  governing  the  location,  width  and
26    course  of  streets and highways, and the provision of public
27    grounds for schools, parks or playgrounds, in any  map,  plat
28    or  subdivision  of  any  block,  lot  or sub-lot or any part
29    thereof or any piece or parcel of land  in  the  county,  not
30    being  within  any  city, village or incorporated town in the
31    county  which  rules  and  regulations   may   include   such
32    reasonable  requirements  with  respect  to  water supply and
33    sewage  collection  and  treatment,   and   such   reasonable
 
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 1    requirements  with  respect to street drainage and surfacing,
 2    as  may  be  established  by  the  county  board  as  minimum
 3    requirements in  the  interest  of  the  health,  safety  and
 4    convenience  of  the public of the county; and may require by
 5    ordinance or resolution of  record  that  any  map,  plat  or
 6    subdivision  shall  be  submitted to the county board or some
 7    officer to be designated by the county board for its  or  his
 8    approval  in  the  manner  provided in Section 5-1041, and to
 9    require bonds and charge fees as provided in Section  5-1041.
10    This Section is subject to the provisions of Section 5-1123.
11        For   purposes   of   implementing  ordinances  regarding
12    developer donations or impact fees and only for  the  purpose
13    of  expenditures  thereof,  "public  grounds  for schools" is
14    defined as including land or site improvements, which include
15    school buildings or  other  infrastructure  necessitated  and
16    specifically  and uniquely attributable to the development or
17    subdivision in question. This  amendatory  Act  of  the  93rd
18    General  Assembly  applies  to  all  impact fees or developer
19    donations paid into a school district or held in  a  separate
20    account or escrow fund by any school district or county for a
21    school district.
22    (Source: P.A. 90-558, eff. 12-12-97.)

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

25        (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
26        Sec.  11-12-5.  Every  plan   commission   and   planning
27    department  authorized  by this division 12 has the following
28    powers and  whenever  in  this  division  12  the  term  plan
29    commission  is  used such term shall be deemed to include the
30    term planning department:
31        (1)  To  prepare   and   recommend   to   the   corporate
32    authorities  a  comprehensive plan for the present and future
 
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 1    development or redevelopment of the municipality.  Such  plan
 2    may  be  adopted  in  whole  or  in  separate geographical or
 3    functional parts, each of which, when adopted, shall  be  the
 4    official   comprehensive  plan,  or  part  thereof,  of  that
 5    municipality. This plan may include  reasonable  requirements
 6    with  reference to streets, alleys, public grounds, and other
 7    improvements hereinafter specified. The plan, as  recommended
 8    by  the  plan  commission  and  as  thereafter adopted in any
 9    municipality in this state, may be made  applicable,  by  the
10    terms  thereof,  to land situated within the corporate limits
11    and contiguous territory not more than one and one-half miles
12    beyond  the  corporate  limits  and  not  included   in   any
13    municipality.  Such plan may be implemented by ordinances (a)
14    establishing reasonable standards of design for  subdivisions
15    and  for  resubdivisions  of  unimproved  land  and  of areas
16    subject to redevelopment in respect to public improvements as
17    herein  defined;  (b)  establishing  reasonable  requirements
18    governing the  location,  width,  course,  and  surfacing  of
19    public  streets and highways, alleys, ways for public service
20    facilities, curbs, gutters, sidewalks, street lights,  parks,
21    playgrounds,  school  grounds,  size  of  lots to be used for
22    residential purposes, storm water drainage, water supply  and
23    distribution,  sanitary  sewers,  and  sewage  collection and
24    treatment; and (c) may designate land suitable for annexation
25    to the municipality and the recommended zoning classification
26    for such land upon annexation.
27        (2)  To recommend changes, from  time  to  time,  in  the
28    official comprehensive plan.
29        (3)  To   prepare   and   recommend   to   the  corporate
30    authorities,  from  time  to   time,   plans   for   specific
31    improvements in pursuance of the official comprehensive plan.
32        (4)  To  give aid to the municipal officials charged with
33    the direction of projects for  improvements  embraced  within
34    the  official  plan, to further the making of these projects,
 
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 1    and, generally, to promote the realization  of  the  official
 2    comprehensive plan.
 3        (5)  To   prepare   and   recommend   to   the  corporate
 4    authorities schemes for regulating or  forbidding  structures
 5    or  activities  which  may  hinder  access  to  solar  energy
 6    necessary for the proper functioning of solar energy systems,
 7    as  defined  in Section 1.2 of The Comprehensive Solar Energy
 8    Act of 1977, or to recommend changes in such schemes.
 9        (6)  To exercise such other powers germane to the  powers
10    granted  by this article as may be conferred by the corporate
11    authorities.
12        (7)  For purposes of  implementing  ordinances  regarding
13    developer  donations  or  impact  fees,  and specifically for
14    expenditures  thereof,  "school  grounds"   is   defined   as
15    including  land  or  site  improvements, which include school
16    buildings   or   other   infrastructure   necessitated    and
17    specifically  and  uniquely  attributed to the development or
18    subdivision in question. This  amendatory  Act  of  the  93rd
19    General  Assembly  applies  to  all  impact fees or developer
20    donations paid into a school district or held in  a  separate
21    account or escrow fund by any school district or municipality
22    for a school district.
23    (Source: P.A. 86-614; 86-1039.)

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