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Rep. Rosemary Kurtz
Filed: 4/1/2004
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09300HB2633ham005 |
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LRB093 10995 MKM 49514 a |
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| AMENDMENT TO HOUSE BILL 2633
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| AMENDMENT NO. ______. Amend House Bill 2633, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Counties Code is amended by changing |
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| Section 5-1041 as follows:
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| (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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| Sec. 5-1041. Maps, plats and subdivisions. A county board |
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| may prescribe,
by resolution or ordinance, reasonable rules and |
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| regulations governing the
location, width, and course of |
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| streets and highways and of floodplain,
stormwater, and |
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| floodwater runoff channels and basins, and the provision of
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| necessary public grounds for schools, public libraries, parks,
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| or
playgrounds, in any map, plat, or subdivision of any block, |
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| lot, or sub-lot
or any part thereof or any piece or parcel of |
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| land, not being within any
city, village, or incorporated town. |
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| The rules and regulations may include
such reasonable |
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| requirements with respect to water supply and sewage
collection |
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| and treatment as may be established by the Environmental
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| Protection Agency, and such reasonable requirements with |
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| respect to
floodplain and stormwater management as may be |
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| established by the County
Stormwater Management Committee |
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| established under Section 5-1062 of this
Code, and such |
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| reasonable requirements with respect to street drainage and
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09300HB2633ham005 |
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LRB093 10995 MKM 49514 a |
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| surfacing as may be established by the
county engineer or |
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| superintendent of highways and which by resolution shall
be |
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| deemed to be the minimum
requirements in the interest of the |
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| health, safety, education and
convenience of the public of the |
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| county; and may provide by
resolution that the map, plat or |
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| subdivision shall be submitted to the
county board or to some |
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| officer to be designated by the county board for
their or his |
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| approval. The county board shall have a qualified engineer
make |
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| an estimate of the probable expenditures necessary to enable |
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| any
person to conform with the standards of construction |
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| established by the
board pursuant to the provisions of this |
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| Section. Except as provided in
Section 3 of the Public |
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| Construction Bond Act, each person who seeks
the county board's |
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| approval of a map, plat or subdivision shall post a
good and |
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| sufficient cash bond, irrevocable letter of credit, surety
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| bond, or other adequate security with the county clerk,
in a |
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| penal sum sufficient to cover the estimate of expenditures made |
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| by the
estimating engineer. The cash bond, irrevocable letter |
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| of credit,
surety bond, or other adequate security shall be
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| conditioned upon faithful adherence to the rules and |
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| regulations of the
county board promulgated pursuant to the |
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| authorization granted to it by
this Section or by Section |
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| 5-1062 of this Code, and in such cases no such
map, plat or |
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| subdivision shall be entitled to record in the proper county
or |
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| have any validity until it has been so approved.
If the county |
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| board requires a cash bond, letter of credit, surety, or any
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| other method to cover the costs and expenses and to insure |
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| completion of the
requirements, the requirements shall be |
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| subject to the provisions of Section
5-1123 of this Code.
This |
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| Section is subject to the provisions of Section 5-1123.
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| The county board may, by resolution, provide a schedule of |
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| fees sufficient
to reimburse the county for the costs incurred |
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| in reviewing such maps, plats
and subdivisions submitted for |
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| approval to the county board. The
fees authorized by this |
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09300HB2633ham005 |
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LRB093 10995 MKM 49514 a |
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| Section are to be paid into the general
corporate fund of the |
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| county by the party desiring to have the plat
approved.
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| For purposes of implementing ordinances regarding
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| developer donations or impact fees and only for the purpose of |
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| expenditures
thereof, "public grounds
for schools" is defined |
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| as including land or site
improvements, which include school |
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| buildings or other infrastructure
necessitated and |
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| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd |
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| General Assembly applies to all impact fees or developer
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| donations paid into a school district or held in a separate |
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| account or escrow
fund
by any school district or county for a |
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| school district.
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| No officer designated by a county board for the approval of |
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| plats
shall engage in the business of surveying, and no map, |
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| plat or
subdivision shall be received for record or have any |
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| validity which has
been prepared by or under the direction of |
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| such plat officer.
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| It is the intention of this amendatory Act of 1990 to |
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| repeal the
language added to Section 25.09 of "An Act to revise |
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| the law in relation to
counties", approved March 31, 1874, by |
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| P.A. 86-614, Section 25.09 of that
Act being the predecessor of |
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| this Section.
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| (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)".
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