093_HB0528eng HB0528 Engrossed 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 HB0528 Engrossed -2- LRB093 08171 MKM 08377 b 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 HB0528 Engrossed -3- LRB093 08171 MKM 08377 b 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 HB0528 Engrossed -4- LRB093 08171 MKM 08377 b 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 HB0528 Engrossed -5- LRB093 08171 MKM 08377 b 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, HB0528 Engrossed -6- LRB093 08171 MKM 08377 b 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.