Rep. Rosemary Kurtz
Filed: 4/1/2004
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1 | AMENDMENT TO HOUSE BILL 2633
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2 | AMENDMENT NO. ______. Amend House Bill 2633, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Counties Code is amended by changing | ||||||
6 | Section 5-1041 as follows:
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7 | (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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8 | Sec. 5-1041. Maps, plats and subdivisions. A county board | ||||||
9 | may prescribe,
by resolution or ordinance, reasonable rules and | ||||||
10 | regulations governing the
location, width , and course of | ||||||
11 | streets and highways and of floodplain,
stormwater , and | ||||||
12 | floodwater runoff channels and basins, and the provision of
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13 | necessary public grounds for schools, public libraries, parks ,
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14 | or
playgrounds, in any map, plat , or subdivision of any block, | ||||||
15 | lot , or sub-lot
or any part thereof or any piece or parcel of | ||||||
16 | land, not being within any
city, village , or incorporated town. | ||||||
17 | The rules and regulations may include
such reasonable | ||||||
18 | requirements with respect to water supply and sewage
collection | ||||||
19 | and treatment as may be established by the Environmental
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20 | Protection Agency, and such reasonable requirements with | ||||||
21 | respect to
floodplain and stormwater management as may be | ||||||
22 | established by the County
Stormwater Management Committee | ||||||
23 | established under Section 5-1062 of this
Code, and such | ||||||
24 | reasonable requirements with respect to street drainage and
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1 | surfacing as may be established by the
county engineer or | ||||||
2 | superintendent of highways and which by resolution shall
be | ||||||
3 | deemed to be the minimum
requirements in the interest of the | ||||||
4 | health, safety, education and
convenience of the public of the | ||||||
5 | county; and may provide by
resolution that the map, plat or | ||||||
6 | subdivision shall be submitted to the
county board or to some | ||||||
7 | officer to be designated by the county board for
their or his | ||||||
8 | approval. The county board shall have a qualified engineer
make | ||||||
9 | an estimate of the probable expenditures necessary to enable | ||||||
10 | any
person to conform with the standards of construction | ||||||
11 | established by the
board pursuant to the provisions of this | ||||||
12 | Section. Except as provided in
Section 3 of the Public | ||||||
13 | Construction Bond Act, each person who seeks
the county board's | ||||||
14 | approval of a map, plat or subdivision shall post a
good and | ||||||
15 | sufficient cash bond, irrevocable letter of credit, surety
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16 | bond, or other adequate security with the county clerk,
in a | ||||||
17 | penal sum sufficient to cover the estimate of expenditures made | ||||||
18 | by the
estimating engineer. The cash bond, irrevocable letter | ||||||
19 | of credit,
surety bond, or other adequate security shall be
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20 | conditioned upon faithful adherence to the rules and | ||||||
21 | regulations of the
county board promulgated pursuant to the | ||||||
22 | authorization granted to it by
this Section or by Section | ||||||
23 | 5-1062 of this Code, and in such cases no such
map, plat or | ||||||
24 | subdivision shall be entitled to record in the proper county
or | ||||||
25 | have any validity until it has been so approved.
If the county | ||||||
26 | board requires a cash bond, letter of credit, surety, or any
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27 | other method to cover the costs and expenses and to insure | ||||||
28 | completion of the
requirements, the requirements shall be | ||||||
29 | subject to the provisions of Section
5-1123 of this Code.
This | ||||||
30 | Section is subject to the provisions of Section 5-1123.
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31 | The county board may, by resolution, provide a schedule of | ||||||
32 | fees sufficient
to reimburse the county for the costs incurred | ||||||
33 | in reviewing such maps, plats
and subdivisions submitted for | ||||||
34 | approval to the county board. The
fees authorized by this |
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1 | Section are to be paid into the general
corporate fund of the | ||||||
2 | county by the party desiring to have the plat
approved.
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3 | For purposes of implementing ordinances regarding
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4 | developer donations or impact fees and only for the purpose of | ||||||
5 | expenditures
thereof, "public grounds
for schools" is defined | ||||||
6 | as including land or site
improvements, which include school | ||||||
7 | buildings or other infrastructure
necessitated and | ||||||
8 | specifically and uniquely attributable to the development
or
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9 | subdivision in question.
This amendatory
Act of the 93rd | ||||||
10 | General Assembly applies to all impact fees or developer
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11 | donations paid into a school district or held in a separate | ||||||
12 | account or escrow
fund
by any school district or county for a | ||||||
13 | school district.
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14 | No officer designated by a county board for the approval of | ||||||
15 | plats
shall engage in the business of surveying, and no map, | ||||||
16 | plat or
subdivision shall be received for record or have any | ||||||
17 | validity which has
been prepared by or under the direction of | ||||||
18 | such plat officer.
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19 | It is the intention of this amendatory Act of 1990 to | ||||||
20 | repeal the
language added to Section 25.09 of "An Act to revise | ||||||
21 | the law in relation to
counties", approved March 31, 1874, by | ||||||
22 | P.A. 86-614, Section 25.09 of that
Act being the predecessor of | ||||||
23 | this Section.
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24 | (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)".
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