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91_HB2168
LRB9101984PTpk
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, except that
13 if all of the elementary school sites of the school
14 district, for which land donations are intended, exceed
15 such standard, the number of acres required for
16 elementary schools shall not exceed the number of acres
17 of all existing elementary school sites divided by the
18 student capacity of all existing elementary schools in
19 the district; (ii) 20 acres plus 1 acre for each 100
20 students of projected enrollment for junior high schools,
21 except that if all of the junior high school sites of the
22 school district, for which land donations are intended,
23 exceed such standard, the number of acres required for
24 junior high schools shall not exceed the number of acres
25 of all existing junior high school sites divided by the
26 student capacity of all existing junior high schools in
27 the district; (iii) 30 acres plus 1 acre for each 100
28 students of projected enrollment for senior high schools,
29 except that if all of the senior high school sites of the
30 school district, for which land donations are intended,
31 exceed such standard, the number of acres required for
32 senior high schools shall not exceed the number of acres
33 of all existing senior high school sites divided by the
34 student capacity of all existing senior high schools in
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1 the district; and (iv) 5.5 acres per 1,000 population for
2 park sites, except that if the number of acres of parks,
3 excluding forest preserves, State and national parks,
4 golf courses, detention/retention ponds, swamps,
5 wetlands, flood plains and floodways, rivers, streams,
6 lakes, and ponds, per 1000 population within the park
7 district, for which land donations are intended, exceeds
8 such standard, the number of acres required for park
9 sites shall not exceed the existing acres, excluding
10 forest preserves, State and national parks, golf courses,
11 detention/retention ponds, swamps, wetlands, flood plains
12 and floodways, rivers, streams, lakes, and ponds, divided
13 by the existing population.
14 (3) Cash in lieu of land conveyance may be required
15 when the site to be conveyed based on the projected
16 population from the proposed development would be too
17 small for practical use, located in an area not
18 convenient to the school or park districts, or when a
19 combination of land and cash is appropriate. In all
20 cases, the intent of a cash contribution is to require
21 the developer to pay in cash the costs he or she would
22 have incurred to convey a site improved to subdivision
23 standards. The ordinance shall specify the value of an
24 acre of land with subdivision improvements. The value
25 shall be determined by adding the following:
26 (A) The average cost of an acre of unimproved
27 land, not yet annexed to or zoned by a municipality,
28 but planned for residential purposes on the county's
29 master plan, as determined from actual sales of
30 parcels in excess of 25 acres in the county within
31 the prior 5 years;
32 (B) The current estimated cost per acre for
33 subdivision frontage improvements for a square 16.5
34 acre site with one street frontage, for one-half the
-4- LRB9101984PTpk
1 cost of a collector street with water, sanitary
2 sewer, storm sewer, street lights, curb, and gutter;
3 (C) The average cost per acre of mass grading
4 for residential subdivisions in the county, and not
5 annexed to any municipality, for the prior 5 years;
6 (D) The average cost per acre for off-site
7 extensions of sanitary sewer and water (less amounts
8 subject to recapture) for residential subdivisions
9 in the county, and not annexed to any municipality,
10 for the prior 5 years.
11 The sum of these 4 factors shall be the maximum per
12 acre value imposed on a developer in lieu of an acre of
13 land conveyance.
14 (4) A home rule unit may not impose a land donation
15 in a manner inconsistent with this Section. This Section
16 is a limitation under subsection (i) of Section 6 of
17 Article VII of the Illinois Constitution on the
18 concurrent exercise by home rule units of powers and
19 functions exercised by the State.
20 Section 10. The Illinois Municipal Code is amended by
21 adding Section 11-12-5.2 as follows:
22 (65 ILCS 5/11-12-5.2 new)
23 Sec. 11-12-5.2. Land donations.
24 (a) For purposes of this Section, "land donation" means
25 a donation of land for a school site or park site, or a cash
26 contribution instead of a land donation, or a combination of
27 both, required by a municipality under the authority granted
28 by this Division 12.
29 (b) Any land donation required as a condition of
30 residential subdivision, resubdivision, development, or
31 annexation shall be based upon an ordinance that specifies
32 the population expected to be generated by residential
-5- LRB9101984PTpk
1 development, the number of acres of school site or park site
2 required to serve the population generated by residential
3 development, and the value of an acre of land improved with
4 subdivision improvements, as calculated herein, for cash
5 contributions in lieu of the conveyance of land. Such
6 ordinances shall meet the following requirements:
7 (1) The population expected to be generated by
8 residential development shall set forth by age group the
9 number of persons expected to reside in single family
10 detached homes containing 2, 3, 4, and 5 bedrooms; single
11 family attached homes containing 2, 3, and 4 bedrooms;
12 and apartments containing 1, 2, and 3 bedrooms. The age
13 groups to be specified shall be pre-school, elementary
14 school, junior high school, senior high school, and
15 adults. Residential units in developments that are
16 lawfully limited and principally occupied by persons aged
17 55 and older shall be set forth separately, so that
18 school contributions are not required and such units do
19 not lower the average number of children for all other
20 units. The population predictions shall be based upon a
21 current, statistically accurate study of all existing
22 residential units of all ages in the municipality or in
23 the metropolitan region in which the municipality is
24 located. Such study shall be updated at least every 5
25 years.
26 (2) The number of acres to be required shall not
27 exceed (i) 5 acres plus 1 acre for each 100 students of
28 projected enrollment for elementary schools, except that
29 if all of the elementary school sites of the school
30 district, for which land donations are intended, exceed
31 such standard, the number of acres required for
32 elementary schools shall not exceed the number of acres
33 of all existing elementary school sites divided by the
34 student capacity of all existing elementary schools in
-6- LRB9101984PTpk
1 the district; (ii) 20 acres plus 1 acre for each 100
2 students of projected enrollment for junior high schools,
3 except that if all of the junior high school sites of the
4 school district, for which land donations are intended,
5 exceed such standard, the number of acres required for
6 junior high schools shall not exceed the number of acres
7 of all existing junior high school sites divided by the
8 student capacity of all existing junior high schools in
9 the district; (iii) 30 acres plus 1 acre for each 100
10 students of projected enrollment for senior high schools,
11 except that if all of the senior high school sites of the
12 school district, for which land donations are intended,
13 exceed such standard, the number of acres required for
14 senior high schools shall not exceed the number of acres
15 of all existing senior high school sites divided by the
16 student capacity of all existing senior high schools in
17 the district; and (iv) 5.5 acres per 1,000 population for
18 park sites, except that if the number of acres of parks,
19 excluding forest preserves, State and national parks,
20 golf courses, detention/retention ponds, swamps,
21 wetlands, flood plains and floodways, rivers, streams,
22 lakes, and ponds, per 1000 population within the
23 municipality exceeds such standard, the number of acres
24 required for park sites shall not exceed the existing
25 acres, excluding forest preserves, State and national
26 parks, golf courses, detention/retention ponds, swamps,
27 wetlands, flood plains and floodways, rivers, streams,
28 lakes, and ponds, divided by the existing population.
29 (3) Cash in lieu of land conveyance may be required
30 when the site to be conveyed, based on the projected
31 population from the proposed development, would be too
32 small for practical use, located in an area not
33 convenient to the school or park districts, or when a
34 combination of land and cash is appropriate. In all
-7- LRB9101984PTpk
1 cases, the intent of a cash contribution is to require
2 the developer to pay in cash the costs he or she would
3 have incurred to convey a site improved to subdivision
4 standards. The ordinance shall specify the value of an
5 acre of land with subdivision improvements. The value
6 shall be determined by adding the following:
7 (A) The average cost of an acre of unimproved
8 land, not yet annexed to or zoned by a municipality,
9 but planned for residential purposes on the
10 municipality's master plan, as determined from
11 actual sales of parcels in excess of 25 acres in the
12 municipal planning area within the prior 5 years;
13 (B) The current estimated cost per acre for
14 subdivision frontage improvements for a square 16.5
15 acre site with one street frontage, for one-half the
16 cost of a collector street with water, sanitary
17 sewer, storm sewer, street lights, curb, and gutter;
18 (C) The average cost per acre of mass grading
19 for residential subdivisions in the municipality for
20 the prior 5 years;
21 (D) The average cost per acre for off-site
22 extensions of sanitary sewer and water (less amounts
23 subject to recapture) for residential subdivisions
24 in the municipality for the prior 5 years.
25 The sum of these 4 factors shall be the maximum per
26 acre value imposed on a developer in lieu of an acre of
27 land conveyance.
28 (4) A home rule unit may not impose a land donation
29 in a manner inconsistent with this Section. This Section
30 is a limitation under subsection (i) of Section 6 of
31 Article VII of the Illinois Constitution on the
32 concurrent exercise by home rule units of powers and
33 functions exercised by the State.