(60 ILCS 1/110-25)
Sec. 110-25.
Proposed zoning ordinance or resolution; hearing;
cessation of commission.
(a) The zoning commission shall prepare a tentative report and a
proposed zoning ordinance or resolution for the entire township outside the
area regulated by any municipal zoning ordinance.
(b) After preparing the tentative report and ordinance or resolution, the
commission shall hold a hearing on the report and proposal and shall afford
persons interested an opportunity to be heard. Notice of the hearing shall be
published at least 15 days before the hearing in a newspaper of general
circulation in the township and shall also be posted at least 15 days before
the hearing in 4 conspicuous places within the township. The notice shall state
the time and place of the hearing and the place where copies of the proposed
ordinance or resolution will be accessible for examination by interested
parties. The hearing may be adjourned from time to time.
(c) Within 30 days after the final adjournment of the hearing, the
commission shall make a final report and submit a proposed ordinance or
resolution to the township board. The township board may adopt the ordinance or
resolution with or without change or may refer it back to the commission for
further consideration.
(d) The zoning commission shall cease to exist upon the adoption of a zoning
ordinance or resolution for the township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-30)
Sec. 110-30.
Enforcement of ordinance or resolution.
All ordinances or
resolutions adopted under this Article shall be enforced by an officer of the
township designated by ordinance or resolution. The ordinance or resolution may
require that for any class or classes of districts created by it, applications
be made for permits to erect buildings or structures or to alter or remodel
existing buildings or structures. The ordinance or resolution may vest in the
officer designated to enforce it the power to make orders, requirements,
decisions, and determinations with respect to the enforcement of the terms of
the ordinance or resolution.
(Source: Laws 1967, p. 3481; P.A. 88-62.)
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(60 ILCS 1/110-35)
Sec. 110-35.
Variations.
(a) The regulations authorized by this Article may
provide that a board of appeals may determine and vary their application in
harmony with their general purpose and intent and in accordance with general or
specific rules contained in the regulations in cases where there are practical
difficulties or there is particular hardship in carrying out the strict letter
of regulations relating to the use, construction, or alteration of buildings or
structures or the use of land. Alternatively, the regulations may provide that
the township board may by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in accordance
with general or specific rules contained in the regulations in cases where
there are practical difficulties or there is particular hardship in carrying
out the strict letter of regulations relating to the use, construction, or
alteration of buildings or structures or the use of land.
(b) No variation shall be made by the township board without a hearing
before the board of appeals. No variation shall be made by ordinance,
resolution, or otherwise except in a specific case and after a public hearing
before a board of appeals. There shall be at least 15 days notice of the time
and place of the hearing, published in a newspaper of general circulation in
the township. The notice shall contain the particular location for which the
variation is requested as well as a brief statement of the proposed variation.
(c) Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals, the township board may by ordinance or
resolution and without further public hearing adopt any proposed variation or
may refer it back to the board of appeals for further consideration. Any
proposed variation that fails to receive the approval of the board of appeals
shall not be passed except by the favorable vote of three-fourths of all the
members of the township board. Every variation, whether made by the board of
appeals directly or by ordinance or resolution after a hearing before a board
of appeals, shall be accompanied by a finding of fact specifying the reason
for making the variation.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-40)
Sec. 110-40.
Board of appeals; membership; meetings.
(a) The township board shall provide for the appointment of a board of
appeals of 5 members to serve respectively for the following terms: One for one
year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years.
The successor to each member shall serve for a term of 5 years.
(b) One of the members shall be named chairman at the time of his or her
appointment. If there is a vacancy, the appointing power shall designate a
chairman.
(c) The appointing authority may remove any member of the board for cause
after a public hearing. Vacancies shall be filled by the appointing authority
for the unexpired term of any member whose place has become vacant.
(d) All meetings of the board of appeals shall be held at the call of the
chairman and at times and places within the county determined by the board. The
chairman (or in his absence the acting chairman) may administer oaths and
compel the attendance of witnesses. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings showing the vote of
each member upon every question (or, if a member is absent or fails to vote,
indicating that fact) and shall also keep records of its examinations and other
official actions. Every rule, regulation, every amendment or repeal of a rule
or regulation, and every order, requirement, decision, or determination of the
board shall immediately be filed with the township clerk and shall be a public
record.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-45)
Sec. 110-45.
Appeals; stay of proceedings.
(a) The board of appeals shall hear and decide appeals from and review any
order, requirement, decision, or determination made by an administrative
official charged with the enforcement of any ordinance or resolution adopted
under this Article. The board of appeals shall also hear and decide all matters
referred to it or upon which it is required to pass under any ordinance or
resolution or under the terms of this Article.
(b) The concurring vote of 4 members of the board is necessary (i) to
reverse any order, requirement, decision, or determination of an administrative
official, (ii) to decide in favor of the applicant any matter upon which it is
required to pass under an ordinance or resolution, (iii) to effect any
variation in an ordinance or resolution, or (iv) to recommend any variation or
modification in an ordinance or resolution or (iv) to the township board.
(c) An appeal may be taken by any person aggrieved or by any officer,
department, board, or bureau of the county. An appeal shall be taken within the
time prescribed by the board of appeals by general rule by filing with the
officer from whom the appeal is taken and with the board of appeals a notice of
appeal specifying the grounds of the appeal. The officer from whom the appeal
is taken shall promptly transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
(d) An appeal stays all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to the board of
appeals, after the notice of appeal has been filed with him or her, that, due
to facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. If the officer makes a certification under
this subsection, proceedings shall not be stayed otherwise than by a
restraining order granted by the board of appeals or by the circuit court on
application, on notice to the officer from whom the appeal is taken, and on due
cause shown.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-50)
Sec. 110-50.
Hearing and decision on appeal; judicial review.
(a) The board of appeals shall fix a reasonable time for the hearing
of the appeal and give due notice of the time to the parties. The board shall
decide the hearing within a reasonable time. At the hearing, any party may
appear in person or by agent or attorney. The board of appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be done, and to that end the board has
all the powers of the officer from whom the appeal is taken.
(b) All final administrative decisions of the board of appeals are subject
to judicial review under the Administrative Review Law and the rules adopted
under that Law. "Administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-50.1)
Sec. 110-50.1. Actions subject to de novo review; due process. (a) Any decision by the township board of any township in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
(60 ILCS 1/110-55)
Sec. 110-55.
Compensation of board of appeals members.
The members of the
board of appeals shall receive
compensation fixed by the township board
and approved by
the electors at an annual or special township meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-60)
Sec. 110-60.
Amendment of regulations; hearing.
The regulations imposed and
the districts created under this Article may be amended from time to time by
the township board by ordinance or resolution after the ordinance or resolution
establishing the regulation has gone into effect, but no amendments shall be
made without a hearing before the board of appeals. At least 15 days notice of
the time and place of the hearing shall be published in an official paper or a
paper of general circulation in the township. If there is a written protest
against any proposed amendment, signed and acknowledged (i) by the owners of
20% of the frontage proposed to be altered, (ii) by the owners of 20% of the
frontage immediately adjoining or across an alley from the frontage proposed to
be altered, or (iii) by the owners of 20% of the frontage directly opposite the
frontage proposed to be altered, the amendment shall not be passed except
by the favorable vote of three-fourths of all the members of the township
board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-65)
Sec. 110-65. Violations; remedies; misdemeanor.
(a) If any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained (or any building, structure, or
land is used) in violation of this Article or of any ordinance, resolution, or
other regulation made under this Article, the proper authorities of the
township, or any person the value or use of whose property is or may be
affected by the violation, in addition to other remedies, may institute any
appropriate action or proceedings (i) to prevent the unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance, or
use, (ii) to restrain, correct, or abate the violation, (iii) to prevent the
occupancy of the building, structure, or land, or (iv) to prevent any illegal
act, conduct, business, or use in or about the premises.
(b) The violation of the terms of any ordinance adopted under this Article
shall be deemed a Class B misdemeanor. (c) Except in relation to township-owned property, this Section does not authorize any suit against a township or its officials for any act relating to the administration, enforcement, or implementation of this Article or any ordinance, resolution, or other regulation adopted pursuant to this Article.
(Source: P.A. 100-595, eff. 6-29-18.)
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(60 ILCS 1/110-70)
Sec. 110-70. School district. (a) In any hearing before a zoning
commission or board of appeals, any school district within which the property
in issue, or any part of that property, is located may appear and present
evidence.
(b) In exercising the powers under this Article with respect to public school districts, a township shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (b) is declarative of existing law and does not change the substantive operation of this Article. (c) In processing zoning applications from public school districts, a township shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the township for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the township, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the township.(Source: P.A. 99-890, eff. 8-25-16.)
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(60 ILCS 1/110-75)
Sec. 110-75.
Cooperation with other governmental units.
In the exercise of
powers conferred by this Article, the township board may cooperate with the
county, with other townships, and with municipal or State authorities and may
appoint any committee or committees it thinks proper to effect that
cooperation.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 115 heading) ARTICLE 115.
TOWNSHIP
OPEN SPACE
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(60 ILCS 1/115-5)
Sec. 115-5.
Definitions.
As used in this Article, unless the context
otherwise requires:
"Board" means the township board in counties having a population of more
than 150,000.
"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
scenic resources;
(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
the plan.
"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.)
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(60 ILCS 1/115-10)
Sec. 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.)
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(60 ILCS 1/115-15)
Sec. 115-15.
Public hearing.
(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.)
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(60 ILCS 1/115-20)
Sec. 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 | ||
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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
respects.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/115-25)
Sec. 115-25.
Amendments or additions to plan.
If the board recommends any
amendments or additions to a plan that has been adopted by a township, no
property that is the subject of the amendment or addition may be acquired until
the revised plan is approved by the voters at a referendum under Section 115-20
unless the amendments or additions do not provide for expenditures in excess of
those provided in the original plan and do not provide for the acquisition of
property other than from persons who are selling their property voluntarily.
(Source: P.A. 85-1140; 88-62.)
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(60 ILCS 1/115-30)
Sec. 115-30.
Property within municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is situated within the corporate boundaries of a
municipality, the corporate authorities of the municipality may, within 30 days
of the recommendation, vote to authorize the board of a township in a county
having a population of more than 250,000 to acquire by condemnation
property that is situated within the municipality's corporate boundaries. If
the corporate authorities of the municipality fail to act within that 30 day
period, then none of the property included in the open space plan that is
situated within the municipality shall be acquired by the board by
condemnation. The municipality's failure to act constitutes a denial
of authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is situated within the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the municipality
residing within the township (according to the voting registration records at
the time the petition is filed), requesting that the question of whether the
board shall be granted authority to acquire property within its corporate
boundaries by condemnation be submitted to the voters of the municipality
residing within the township, then the question shall be submitted to those
voters in the form of a proposition. The petition shall state the public
question to be submitted and contain a common description of the territory in
plain and nonlegal language. The description shall describe the territory by
reference to streets, natural or artificial landmarks, addresses, or any other
method that would enable a voter signing the petition to be informed of the
territory proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the municipality who reside within the township. The referendum
shall appear on the ballot at the same election as the referendum required in
Section 115-20. Except as otherwise provided in this Section, the referendum
shall be conducted and notice given in accordance with the general election
law. The question submitted to the voters at the election shall be in
substantially the following form:
Shall the Township Board of (name of township in a | ||
| ||
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition. If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that include the description.
The notice shall be prominently displayed in the polling place of each
precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is situated within the corporate boundaries of the municipality and
included in the open space plan recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is situated within the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the question, then
the board may not acquire the property by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-35)
Sec. 115-35.
Property contiguous to municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is contiguous to the corporate boundaries of one or more
municipalities, the corporate authorities of any of those municipalities may,
within 30 days of the recommendation, vote to authorize the board of a
township in a county having a population of more than 250,000 to acquire by
condemnation property that is contiguous to the municipality's corporate
boundaries. If the corporate authorities of a municipality fail to act within
that 30 day period, then none of the property included in the open space plan
that is contiguous to a municipality shall be acquired by the board by
condemnation. The municipality's failure to act constitutes a denial of
authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is contiguous to the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the township (according
to the voting registration records at the time the petition is filed),
requesting that the question of whether the board shall be granted authority to
acquire property contiguous to the corporate boundaries of the municipality by
condemnation be submitted to the voters of the township, then the question
shall be submitted to those voters in the form of a proposition. The petition
shall state the public question to be submitted and contain a common
description of the territory proposed to be acquired in plain and nonlegal
language. The description shall describe the territory by reference to
streets, natural or artificial landmarks, addresses, or any other method that
would enable a voter signing the petition to be informed of the territory
proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the township. The referendum shall appear on the ballot at the same
election as the referendum required in Section 115-20. Except as otherwise
provided in this Section, the referendum shall be conducted and notice given in
accordance with the general election law. The question submitted to the voters
at the election shall be in substantially the following form:
Shall the Township Board of (name of township in a | ||
| ||
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition. If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that includes the
description. The notice shall be prominently displayed in the polling place of
each precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is contiguous to the corporate boundaries of the municipality or
municipalities and included in the open space plan recommended for adoption
under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is contiguous to the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the proposition,
then the board may not acquire the property by condemnation.
(g) For purposes of this Section, "contiguous" means contiguous for
purposes of annexation under Article 7 of the Illinois Municipal Code.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-40)
Sec. 115-40.
Later submission of proposition to include property.
If in a
township in a county having a population of more than 250,000 a
parcel of land cannot be acquired by condemnation because it was not approved
at an election under either Section 115-30 or 115-35, that parcel can again be
included in a proposition only if (i) the procedures set forth in Section
115-15 relating to amendments that add property to existing open space plans
have been followed and (ii) not less than 23 months have elapsed since the date
of the election at which the voters failed to approve the acquisition of the
parcel by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-45)
Sec. 115-45.
Powers of township board.
In any township in which the
establishment of an open space program has been authorized by the voters under
this Article, the township board, to the extent necessary to carry out the
purposes of this Article and in addition to any other powers, duties, and
functions vested in a township by law (but subject to limitations and
restrictions imposed by this or another law), has the powers enumerated in the
following Sections.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/115-50)
Sec. 115-50.
Study; coordinated plan.
The board may study and ascertain the
open space resources and outdoor recreation facilities in the township, the
need for preserving those resources and providing those facilities, and the
extent to which those needs are being currently met. The board may prepare and
adopt a coordinated plan of areas and facilities to meet those needs.
(Source: P.A. 79-472; 88-62.)
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(60 ILCS 1/115-55)
Sec. 115-55. (a) The board may acquire by gift, legacy, purchase,
condemnation in the manner provided for the exercise of the right of eminent
domain under the Eminent Domain Act and except as
otherwise provided in this subsection, lease, agreement, or
otherwise the fee or any lesser right or interest in real property that is open
land and may hold that property with or without public access for open space,
scenic roadway, pathway, outdoor recreation, or other conservation benefits.
No township in a county having a population of more than 150,000 but not more
than 250,000 has authority under this Article to acquire property by
condemnation, and
no other township has authority under this Article to acquire
by condemnation
(i) property that is used for farming or agricultural purposes; (ii) property
that is situated within the corporate limits of a municipality or contiguous to
one or more municipalities unless approval to acquire the property by
condemnation is obtained under Section 115-30 or 115-35; (iii) property upon
which development has commenced; or (iv) property owned by a religious
organization, church, school, or charitable organization exempt from federal
taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 or
similar provisions of any successor law, or any other organization controlled
by or affiliated with such a religious organization, church, school, or
charitable organization.
(b) For purposes of this Section:
(1) "Development" of property is deemed to have | ||
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(2) "Contiguous" means contiguous for purposes of | ||
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(3) Real property is deemed used for farming or | ||
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(c) If a township's acquisitions of open land, or interests
in open land when combined with other lands in the township held for open
space purposes by other governmental entities, equals 30% of the total
acreage of the township, then the township may not acquire additional open
land by condemnation.
(d) Any parcel of land that is included in an open space plan adopted by a
township that has not been acquired by the township under this Section within 3
years, or within 2 years with respect to existing open space programs, after
the later of (i) July 29, 1988, or (ii) the date of the passage of the
referendum may not thereafter be acquired by condemnation by the township under
this Section, except that if an action in condemnation to acquire the parcel is
filed under this Section within that 3 year or 2 year period, as applicable,
the parcel may be acquired by condemnation by the township notwithstanding the
fact that the condemnation action may not be concluded within the 3 year or 2
year
period, as applicable. Notwithstanding the foregoing, if a parcel of land
cannot be acquired by condemnation under subsection (a) because of its use for
farming or agricultural purposes, the 3 year or 2 year period, as applicable,
shall be tolled until the date the parcel ceases to be used for farming or
agricultural purposes. Notwithstanding the foregoing, the fee or any lesser
right or interest in real property that is open land may be acquired after the
3 year or 2 year period, as applicable, by any means authorized under
subsection (a) other than condemnation.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(60 ILCS 1/115-60)
Sec. 115-60.
Classification of areas; structures.
The board may classify,
designate, plan, develop, preserve, administer, and maintain all areas, places,
and facilities in which it has an interest and may construct, reconstruct,
alter, and renew buildings and other structures and equip and maintain those
buildings and other structures.
(Source: P.A. 79-472; 88-62.)
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(60 ILCS 1/115-65)
Sec. 115-65.
Acceptance of money and personal property.
The board may
accept gifts, grants, bequests, contributions, and appropriations
of money and other personal property for open space purposes.
(Source: P.A. 79-472; 88-62.)
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