Sen. Susan Garrett
Filed: 5/27/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 846
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 846 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
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 board | ||||||
8 | may prescribe,
by resolution or ordinance, reasonable rules and | ||||||
9 | regulations governing the
location, width and course of streets | ||||||
10 | and highways and of floodplain,
stormwater and floodwater | ||||||
11 | runoff channels and basins, and the provision of
necessary | ||||||
12 | public grounds for schools, public libraries, parks or
| ||||||
13 | playgrounds, in any map, plat or subdivision of any block, lot | ||||||
14 | or sub-lot
or any part thereof or any piece or parcel of land, | ||||||
15 | not being within any
city, village or incorporated town. The | ||||||
16 | rules and regulations may include
such reasonable requirements | ||||||
17 | with respect to water supply and sewage
collection and | ||||||
18 | treatment as may be established by the Environmental
Protection | ||||||
19 | Agency, and such reasonable requirements with respect to
| ||||||
20 | floodplain and stormwater management as may be established by | ||||||
21 | the County
Stormwater Management Committee established under | ||||||
22 | Section 5-1062 of this
Code, and such reasonable requirements | ||||||
23 | with respect to street drainage and
surfacing as may be | ||||||
24 | established by the
county engineer or superintendent of |
| |||||||
| |||||||
1 | highways and which by resolution shall
be deemed to be the | ||||||
2 | minimum
requirements in the interest of the health, safety, | ||||||
3 | education and
convenience of the public of the county; and may | ||||||
4 | provide by
resolution that the map, plat or subdivision shall | ||||||
5 | be submitted to the
county board or to some officer to be | ||||||
6 | designated by the county board for
their or his approval. The | ||||||
7 | county board shall have a qualified engineer
make an estimate | ||||||
8 | of the probable expenditures necessary to enable any
person to | ||||||
9 | conform with the standards of construction established by the
| ||||||
10 | board pursuant to the provisions of this Section. Except as | ||||||
11 | provided in
Section 3 of the Public Construction Bond Act, each | ||||||
12 | person who seeks
the county board's approval of a map, plat or | ||||||
13 | subdivision shall post a
good and sufficient cash bond, | ||||||
14 | irrevocable letter of credit, surety
bond, or other adequate | ||||||
15 | security with the county clerk,
in a penal sum sufficient to | ||||||
16 | cover the estimate of expenditures made by the
estimating | ||||||
17 | engineer. The cash bond, irrevocable letter of credit,
surety | ||||||
18 | bond, or other adequate security shall be
conditioned upon | ||||||
19 | faithful adherence to the rules and regulations of the
county | ||||||
20 | board promulgated pursuant to the authorization granted to it | ||||||
21 | by
this Section or by Section 5-1062 of this Code, and in such | ||||||
22 | cases no such
map, plat or subdivision shall be entitled to | ||||||
23 | record in the proper county
or have any validity until it has | ||||||
24 | been so approved.
If the county board requires a cash bond, | ||||||
25 | letter of credit, surety, or any
other method to cover the | ||||||
26 | costs and expenses and to insure completion of the
| ||||||
27 | requirements, the requirements shall be subject to the | ||||||
28 | provisions of Section
5-1123 of this Code.
This Section is | ||||||
29 | subject to the provisions of Section 5-1123.
| ||||||
30 | The county board may, by resolution, provide a schedule of | ||||||
31 | fees sufficient
to reimburse the county for the costs incurred | ||||||
32 | in reviewing such maps, plats
and subdivisions submitted for | ||||||
33 | approval to the county board. The
fees authorized by this | ||||||
34 | Section are to be paid into the general
corporate fund of the |
| |||||||
| |||||||
1 | county by the party desiring to have the plat
approved.
| ||||||
2 | For purposes of implementing ordinances regarding
| ||||||
3 | developer donations or impact fees and only for the purpose of | ||||||
4 | expenditures
thereof, "public grounds
for schools" is defined | ||||||
5 | as including land or site
improvements, which include school | ||||||
6 | buildings or other infrastructure
necessitated and | ||||||
7 | specifically and uniquely attributable to the development
or
| ||||||
8 | subdivision in question.
This amendatory
Act of the 93rd | ||||||
9 | General Assembly applies to all impact fees or developer
| ||||||
10 | donations paid into a school district or held in a separate | ||||||
11 | account or escrow
fund
by any school district or county for a | ||||||
12 | school district.
| ||||||
13 | For purposes of implementing ordinances regarding | ||||||
14 | developer donations
or impact fees and only for the purpose of | ||||||
15 | expenditures thereof, "public
libraries" is defined as | ||||||
16 | including land or site improvements, including library
| ||||||
17 | buildings or other infrastructure necessitated by and | ||||||
18 | specifically and uniquely
attributable to the development or | ||||||
19 | subdivision in question. This amendatory Act
of the 93rd | ||||||
20 | General Assembly applies to all impact fees or developer | ||||||
21 | donations
paid into a public library or library district or | ||||||
22 | held in a separate account or
escrow fund by any public library | ||||||
23 | or library district or county for a public
library
or library | ||||||
24 | district.
| ||||||
25 | No officer designated by a county board for the approval of | ||||||
26 | plats
shall engage in the business of surveying, and no map, | ||||||
27 | plat or
subdivision shall be received for record or have any | ||||||
28 | validity which has
been prepared by or under the direction of | ||||||
29 | such plat officer.
| ||||||
30 | It is the intention of this amendatory Act of 1990 to | ||||||
31 | repeal the
language added to Section 25.09 of "An Act to revise | ||||||
32 | the law in relation to
counties", approved March 31, 1874, by | ||||||
33 | P.A. 86-614, Section 25.09 of that
Act being the predecessor of | ||||||
34 | this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
| ||||||
2 | (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
| ||||||
3 | Sec. 5-1042. Maps, plats and subdivisions in certain
| ||||||
4 | counties. In any county with a population not
in excess of | ||||||
5 | 500,000 located in the area served by the Northeastern
Illinois | ||||||
6 | Metropolitan Planning Commission, a county board may
establish | ||||||
7 | by ordinance or resolution of record
reasonable rules and | ||||||
8 | regulations governing the location, width and
course of streets | ||||||
9 | and highways, and the provision of public grounds for
schools, | ||||||
10 | public libraries, parks or playgrounds, in any map, plat or
| ||||||
11 | subdivision of any
block, lot or sub-lot or any part thereof or | ||||||
12 | any piece or parcel of land
in the county, not being within any | ||||||
13 | city, village or incorporated town
in the county which rules | ||||||
14 | and regulations may include such reasonable
requirements with | ||||||
15 | respect to water supply and sewage collection and
treatment, | ||||||
16 | and such reasonable requirements with respect to street | ||||||
17 | drainage
and surfacing, as may be established by the county | ||||||
18 | board as minimum
requirements in the interest of the health, | ||||||
19 | safety and convenience of the
public of the county; and may | ||||||
20 | require by ordinance or
resolution of record that any map, plat | ||||||
21 | or subdivision shall be
submitted to the county board or some | ||||||
22 | officer to be designated by the
county board for its or his | ||||||
23 | approval in the manner provided in Section
5-1041, and to | ||||||
24 | require bonds and charge fees as provided in Section 5-1041.
| ||||||
25 | This Section is subject to the provisions of Section 5-1123.
| ||||||
26 | For purposes of implementing ordinances regarding
| ||||||
27 | developer donations or impact fees and only for the purpose of | ||||||
28 | expenditures
thereof, "public grounds for
schools" is defined | ||||||
29 | as including land or site
improvements, which include school | ||||||
30 | buildings or other infrastructure
necessitated and | ||||||
31 | specifically and uniquely attributable to the development
or
| ||||||
32 | subdivision in question.
This amendatory
Act of the 93rd | ||||||
33 | General Assembly applies to all impact fees or developer
|
| |||||||
| |||||||
1 | donations paid into a school district or held in a separate | ||||||
2 | account or escrow
fund
by any school district or county for a | ||||||
3 | school district.
| ||||||
4 | For purposes of implementing ordinances regarding | ||||||
5 | developer donations
or impact fees and only for the purpose of | ||||||
6 | expenditures thereof, "public
libraries" is defined as | ||||||
7 | including land or site improvements, including library
| ||||||
8 | buildings or other infrastructure necessitated by and | ||||||
9 | specifically and uniquely
attributable to the development or | ||||||
10 | subdivision in question. This amendatory Act
of the 93rd | ||||||
11 | General Assembly applies to all impact fees or developer | ||||||
12 | donations
paid into a public library or library district or | ||||||
13 | held in a separate account or
escrow fund by any public library | ||||||
14 | or library district or county for a public
library
or library | ||||||
15 | district.
| ||||||
16 | (Source: P.A. 93-330, eff. 7-24-03.)
| ||||||
17 | |||||||
18 | Section 10. The Illinois Municipal Code is amended by | ||||||
19 | changing
Section 11-12-5 as follows:
| ||||||
20 | (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
| ||||||
21 | Sec. 11-12-5. Every plan commission and planning | ||||||
22 | department authorized by
this division 12 has the following | ||||||
23 | powers and whenever in this division 12
the term plan | ||||||
24 | commission is used such term shall be deemed to include the
| ||||||
25 | term planning department:
| ||||||
26 | (1) To prepare and recommend to the corporate authorities a
| ||||||
27 | comprehensive plan for the present and future development or | ||||||
28 | redevelopment
of the municipality. Such plan may be adopted in | ||||||
29 | whole or in separate
geographical or functional parts, each of | ||||||
30 | which, when adopted, shall be the
official comprehensive plan, | ||||||
31 | or part thereof, of that municipality. This
plan may include | ||||||
32 | reasonable requirements with reference to streets, alleys,
| ||||||
33 | public grounds, and other improvements hereinafter specified. |
| |||||||
| |||||||
1 | The plan, as
recommended by the plan commission and as | ||||||
2 | thereafter adopted in any
municipality in this state, may be | ||||||
3 | made applicable, by the terms thereof,
to land situated within | ||||||
4 | the corporate limits and contiguous territory not
more than one | ||||||
5 | and one-half miles beyond the corporate limits and not
included | ||||||
6 | in any municipality. Such plan may be implemented by ordinances
| ||||||
7 | (a) establishing reasonable standards of design for | ||||||
8 | subdivisions and for
resubdivisions of unimproved land and of | ||||||
9 | areas subject to redevelopment in
respect to public | ||||||
10 | improvements as herein defined; (b) establishing
reasonable | ||||||
11 | requirements governing the location, width, course, and
| ||||||
12 | surfacing of public streets and highways, alleys, ways for | ||||||
13 | public service
facilities, curbs, gutters, sidewalks, street | ||||||
14 | lights, parks, playgrounds,
school grounds, public libraries, | ||||||
15 | size of lots to be used for residential
purposes, storm
water | ||||||
16 | drainage, water supply and distribution, sanitary sewers, and | ||||||
17 | sewage
collection and treatment; and (c) may designate land | ||||||
18 | suitable for
annexation to the municipality and the recommended | ||||||
19 | zoning classification
for such land upon annexation.
| ||||||
20 | (2) To recommend changes, from time to time, in the | ||||||
21 | official
comprehensive plan.
| ||||||
22 | (3) To prepare and recommend to the corporate authorities, | ||||||
23 | from time to
time, plans for specific improvements in pursuance | ||||||
24 | of the official
comprehensive plan.
| ||||||
25 | (4) To give aid to the municipal officials charged with the | ||||||
26 | direction of
projects for improvements embraced within the | ||||||
27 | official plan, to further the
making of these projects, and, | ||||||
28 | generally, to promote the realization of the
official | ||||||
29 | comprehensive plan.
| ||||||
30 | (5) To prepare and recommend to the corporate authorities | ||||||
31 | schemes for
regulating or forbidding structures or activities | ||||||
32 | which may hinder access
to solar energy necessary for the | ||||||
33 | proper functioning of solar energy systems,
as defined in | ||||||
34 | Section 1.2 of The Comprehensive Solar Energy Act of 1977,
or |
| |||||||
| |||||||
1 | to recommend changes in such schemes.
| ||||||
2 | (6) To exercise such other powers germane to the powers | ||||||
3 | granted by this
article as may be conferred by the corporate | ||||||
4 | authorities.
| ||||||
5 | (7) For purposes of implementing ordinances regarding | ||||||
6 | developer
donations
or
impact fees,
and specifically for | ||||||
7 | expenditures thereof,
"school grounds" is defined as including | ||||||
8 | land or site
improvements,
which include
school buildings or | ||||||
9 | other infrastructure necessitated and specifically and
| ||||||
10 | uniquely attributed to the
development or subdivision in | ||||||
11 | question. This amendatory Act of the 93rd
General Assembly | ||||||
12 | applies to all impact fees or developer donations paid into a
| ||||||
13 | school district or held in a separate account or escrow fund by | ||||||
14 | any school
district
or municipality for a school district.
| ||||||
15 | (8) For purposes of implementing ordinances regarding | ||||||
16 | developer
donations or impact fees and only for the purpose of | ||||||
17 | expenditures thereof,
"public libraries" is defined as | ||||||
18 | including land or site improvements, including
library | ||||||
19 | buildings or other infrastructure necessitated by and | ||||||
20 | specifically and
uniquely attributable to the development or | ||||||
21 | subdivision in question. This
amendatory Act of the 93rd | ||||||
22 | General Assembly applies to all impact fees or
developer | ||||||
23 | donations paid into a public library or library district or | ||||||
24 | held in a
separate account or escrow fund by any public library | ||||||
25 | or library district or
municipality for a public library or | ||||||
26 | library district.
| ||||||
27 | (Source: P.A. 93-330, eff. 7-24-03.)
| ||||||
28 | Section 99. Effective date. This Act takes effect upon | ||||||
29 | becoming law.".
|