HB0486 94TH GENERAL ASSEMBLY

LRB094 05183 AJO 35225 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0486

Introduced 1/27/2005, by Rep. Karen May

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1041	from Ch. 34, par. 5-1041
55 ILCS 5/5-1042	from Ch. 34, par. 5-1042
65 ILCS 5/11-12-5	from Ch. 24, par. 11-12-5

Amends the Counties Code and the Illinois Municipal Code to authorize the county boards of certain counties to establish rules and regulations and authorizes certain municipal commissions and planning departments to implement a comprehensive plan by ordinance for the provision of public grounds for park districts, fire protection districts, township fire departments, and local law enforcement agencies. Authorizes the county boards of certain counties to establish rules and regulations and authorizes certain municipal plan commissions and planning departments to implement a comprehensive plan by ordinance for the provision of public grounds for park districts, fire protection districts, township fire departments, and local law enforcement agencies. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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, fire protection districts, township fire departments, park districts, parks, or playgrounds, or local law enforcement agencies 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.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "fire protection districts" is defined as including land or site improvements, including fire protection district buildings or other infrastructure necessitated by and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees or developer donations paid into a fire protection district or held in a separate account or escrow fund by any fire protection district or county for a fire protection district.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "township fire departments" is defined as including land or site improvements, including township fire department buildings or other infrastructure necessitated by and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees or developer donations paid into a township fire department or held in a separate account or escrow fund by any township fire department or county for a township fire department.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "park districts, parks, or playgrounds" is defined as including land or site improvements, including park district buildings or other infrastructure necessitated by and specifically attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees and developer donations paid into a park district or held in a separate account or escrow fund by any park district or county for a park district.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "local law enforcement agencies" is defined as including land or site improvements, including law enforcement agency buildings or other infrastructure necessitated by and specifically attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees and developer donations paid to a local law enforcement agency or held in a separate account or escrow fund by any local law enforcement agency or county for a law enforcement agency.

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. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)

(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, public libraries, fire protection districts, township fire departments, park districts, parks, or playgrounds, or local law enforcement agencies 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.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "fire protection districts" is defined as including land or site improvements, including fire protection district buildings or other infrastructure necessitated by and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees or developer donations paid into a fire protection district or held in a separate account or escrow fund by any fire protection district or county for a fire protection district.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "township fire departments" is defined as including land or site improvements, including township fire department buildings or other infrastructure necessitated by and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees or developer donations paid into a township fire department or held in a separate account or escrow fund by any township fire department or county for a township fire department.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "park districts, parks, or playgrounds" is defined as including land or site improvements, including park district buildings or other infrastructure necessitated by and specifically attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees and developer donations paid into a park district or held in a separate account or escrow fund by any park district or county for a park district.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "local law enforcement agencies" is defined as including land or site improvements, including law enforcement agency buildings or other infrastructure necessitated by and specifically attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees and developer donations paid to a local law enforcement agency or held in a separate account or escrow fund by any local law enforcement agency or county for a law enforcement agency.

(Source: P.A. 93-330, eff. 7-24-03.)

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, park districts, parks, or playgrounds, school grounds, public libraries, fire protection districts, township fire departments, local law enforcement agencies, 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.

(8) For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "fire protection districts" is defined as including land or site improvements, including fire protection district buildings or other infrastructure necessitated by and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees or developer donations paid into a fire protection district or held in a separate account or escrow fund by any fire protection district or municipality for a fire protection district.

(9) For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "township fire departments" is defined as including land or site improvements, including township fire department buildings or other infrastructure necessitated by and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees or developer donations paid into a township fire department or held in a separate account or escrow fund by any township fire department or municipality for a township fire department.

(10) For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "park districts, parks, or playgrounds" is defined as including land or site improvements, including park district buildings or other infrastructure necessitated by and specifically attributable to the development or subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees and developer donations paid into a park district or held in a separate account or escrow fund by any park district or municipality for a park district.

(11) For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "local law enforcement agencies" is defined as including land or site improvements, including law enforcement agency buildings or other infrastructure necessitated by and specifically attributable to the development or94th subdivision in question. This amendatory Act of the 94th General Assembly applies to all impact fees and developer donations paid to a local law enforcement agency or held in a separate account or escrow fund by any local law enforcement agency or municipality for a law enforcement agency.

(Source: P.A. 93-330, eff. 7-24-03.)

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