Illinois Compiled Statutes
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TOWNSHIPS60 ILCS 1/Art. 115
(60 ILCS 1/) Township Code.
(60 ILCS 1/Art. 115 heading)
60 ILCS 1/115-5
(60 ILCS 1/115-5)
As used in this Article, unless the context
"Board" means the township board in counties having a population of more
"Development of real property" means the constructing, installing,
planting or creating of any permanent or temporary improvement of real
property that has been acquired for open space purposes.
"Open land" or "open space" means any space or area of land or water of an
area of 50 acres or more, the preservation or the restriction of development or
use of which would (i) maintain or enhance the conservation of natural or
(ii) protect natural streams or water supply; (iii) promote conservation of
soils, wet lands, or shores; (iv) afford or enhance public outdoor recreation
opportunities; (v) preserve flora and fauna, geological features, historic
sites, or other areas of educational or scientific interest; (vi) enhance the
value to the public of abutting or neighboring highways, parks, or other public
lands; (vii) implement the plan of development adopted by the planning
commission of any municipality or county; or (viii) promote orderly urban or
suburban development. A township at any time may release a specified parcel of
land from an open space plan and allow the development of the parcel to occur.
Once development (as defined in Section 115-55) has commenced, the land shall
no longer be eligible for acquisition as open space or open land.
"Open space plan" means the written plan adopted by the board to implement
an open space program and includes properly adopted amendments or additions to
"Open space program" means the acquisition of the fee or of a lesser right or
interest in tracts of open land in the township for open space purposes.
"Open space purposes" includes (i) the preservation and maintenance of open
land, scenic roadways, and pathways; (ii) the holding of real property
described in clause (i), with or without public access, for the education,
pleasure, and recreation of the public or for other open space values; (iii)
the preservation of portions of that property in their natural condition and
the development of other portions of that property; (iv) the management and use
of that property in a manner and with restrictions that will leave it
unimpaired for the benefit of future generations; and (v) otherwise promoting
the conservation of the nature, flora and fauna, natural environment, and
natural resources of the township.
(Source: P.A. 91-641, eff. 8-20-99.)
60 ILCS 1/115-10
(60 ILCS 1/115-10)
Open space plan; petition.
(a) A board desiring to enter upon an open space program may do so only
after adoption of an open space plan under Section 115-15. The board shall
commence preparation of an open space plan under that Section only upon the
filing with the township clerk of a petition signed by not less than 5% or 50,
whichever is greater, of the registered voters of the township (according to
the voting registration records at the time the petition is filed) recommending
that the board commence preparation of an open space plan. Within 5 business days after the filing of the petition, the township clerk shall provide public notice of the existence of the filed petition in the same manner as notices of meetings of the township board are provided. A hearing shall be conducted no less than 30 days after the filing of the petition to determine the validity of the petition, which may be challenged in accordance with the general election law.
(b) A proposed open space plan shall (i) identify all open land within
the township that the board deems necessary to acquire in order to
accomplish the purposes of the open space program; (ii) state the ways in
which the acquisition of open land will further open space purposes; (iii)
state the estimated costs of implementing the proposed plan; (iv) state the
approximate tax, per $100 of assessed value, that will be levied to provide the
necessary funds for implementing the proposed plan; (v) state the estimated
timetable for implementing the proposed plan; and (vi) establish standards and
procedures for establishing priorities for the acquisition of parcels
identified in the plan.
(Source: P.A. 94-622, eff. 8-18-05.)
60 ILCS 1/115-15
(60 ILCS 1/115-15)
(a) Before adopting an open space plan or an amendment to a plan, the board
shall conduct a public hearing on the plan or amendment, recommend adoption of
the open space plan or receive a recommendation by petition of the voters of
the township under Section 115-20 that the open space plan be adopted, and
submit the question of adoption of the open space plan to the township voters
under Section 115-20.
(b) The board shall cause to be prepared a notice of the public hearing
stating the date, time, place, and purpose of the hearing. The township clerk
shall cause the notice to be published in a newspaper of general circulation in
the township not less than 15 nor more than 30 days before the date of the
hearing. The township clerk also shall send notice of the hearing by
registered or certified mail, return receipt requested, not less than 20 days
before the hearing, to the owners of property being recommended for acquisition
and designation as open space or open land under the proposed open space plan.
Those owners shall be those parties identified on the most current real estate
tax assessment rolls for the county in which the township is located as being
the parties to whom current real estate tax bills are being sent. A copy of
the proposed plan also shall be filed with the township clerk, who shall make
it available to the general public for inspection after publication of the
notice of public hearing.
(c) At the public hearing, all persons desiring to offer statements or other
evidence in support of or in opposition to the proposed plan shall be afforded
an opportunity to do so orally, in writing, or both.
(d) Within 60 days after the public hearing, the board shall consider
all of the evidence before it and may, based upon that evidence, recommend
adoption or rejection of the proposed open space plan in whole or in
part. The board's recommendation shall be in writing. If the board does not
recommend adoption or rejection of the proposed open space plan, or if a
petition from the voters of the township recommending adoption of the open
space plan is not filed with the township clerk within 60 days after the public
hearing, the open space plan may not be subsequently adopted unless another
public hearing is held and notice given as provided in this Section. A
recommendation by the board or by petition under this subsection (d) to adopt
an open space plan shall be made no later than 138 days before the next regular
election in order for the question of the adoption of the open space plan to
appear on the ballot at that election. If the question of the adoption of the
open space plan does not appear on the ballot, the open space plan may not be
subsequently adopted unless another public hearing is held and notice given
under this Section.
(Source: P.A. 85-1140; 88-62.)
60 ILCS 1/115-20
(60 ILCS 1/115-20)
Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space plan, or if a
subsequent petition is filed by not less than 5% or 50, whichever is greater, of the
registered voters of the township (according to the voting registration records
at the time the petition is filed) recommending adoption of the open space
plan, then the Board, within 30 days of making of the recommendation or the
approval of the petition, shall file a petition with the township clerk,
requesting the clerk to submit to the voters of the township the question of
whether the township shall adopt the open space plan and enter upon an open
space program, with the power to acquire open land by purchase, condemnation
(except townships in counties having a population of more than 150,000 but
not more than 250,000),
or otherwise in the township and with the power to issue bonds for those
purposes under this Article. Approval of a petition recommending adoption of the open space plan shall be given if the petition is determined to be valid following public notice and a hearing consistent with the requirements of Section 115-10 for the initial petition. The total amount of bonds to be issued under
this Section may not exceed 5% of the valuation of all taxable property in the
township and shall be set forth in the question as a dollar amount. The
township clerk shall certify that proposition
to the proper election officials, who shall submit the proposition to the
township voters at the next regular election. The referendum shall be
conducted and notice given in accordance with the general election law.
(b) The question submitted to the voters at the election shall be in
substantially the following form:
Shall (name of township) adopt the open space plan
considered at the public hearing on (date) and enter upon an open space program, and shall the Township Board have the power (i) to acquire open land by purchase (insert ", condemnation," if the township is in a county having a population of more than 250,000) or otherwise, (ii) to issue bonds for open space purposes in an amount not exceeding $(amount), and (iii) to levy a tax to pay the principal of and interest on those bonds, as provided in Article 115 of the Township Code?
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election on the question vote
in favor of the question, the township shall thereafter adopt the open space
plan recommended by the board or by the petition of the registered voters of
the township and shall enter upon an open space program under this Article. If
the proposition does not receive the approval of a majority of the voters
voting at the election on the question, no proposition may be submitted to the
voters under this Section less than 23 months after the date of the election.
(d) If a majority of the legal voters voting at referendum in any township
approved a proposition at the consolidated election in 2001 in reliance upon
and consistent with this Section 115-20 as it existed prior to the effective
date of Public Act 91-847, then that referendum and all actions taken in
reliance thereon are hereby validated and are legally binding in all
(Source: P.A. 94-622, eff. 8-18-05.)