093_HB3890 LRB093 14076 MKM 19491 b 1 AN ACT concerning local government. 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 fire protection districts, township fire departments, parks 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 17 town. The rules and regulations may include such reasonable 18 requirements with respect to water supply and sewage 19 collection and treatment as may be established by the 20 Environmental Protection Agency, and such reasonable 21 requirements with respect to floodplain and stormwater 22 management as may be established by the County Stormwater 23 Management Committee established under Section 5-1062 of this 24 Code, and such reasonable requirements with respect to street 25 drainage and surfacing as may be established by the county 26 engineer or superintendent of highways and which by 27 resolution shall be deemed to be the minimum requirements in 28 the interest of the health, safety, education and convenience 29 of the public of the county; and may provide by resolution 30 that the map, plat or subdivision shall be submitted to the 31 county board or to some officer to be designated by the -2- LRB093 14076 MKM 19491 b 1 county board for their or his approval. The county board 2 shall have a qualified engineer make an estimate of the 3 probable expenditures necessary to enable any person to 4 conform with the standards of construction established by the 5 board pursuant to the provisions of this Section. Except as 6 provided in Section 3 of the Public Construction Bond Act, 7 each person who seeks the county board's approval of a map, 8 plat or subdivision shall post a good and sufficient cash 9 bond, irrevocable letter of credit, surety bond, or other 10 adequate security with the county clerk, in a penal sum 11 sufficient to cover the estimate of expenditures made by the 12 estimating engineer. The cash bond, irrevocable letter of 13 credit, surety bond, or other adequate security shall be 14 conditioned upon faithful adherence to the rules and 15 regulations of the county board promulgated pursuant to the 16 authorization granted to it by this Section or by Section 17 5-1062 of this Code, and in such cases no such map, plat or 18 subdivision shall be entitled to record in the proper county 19 or have any validity until it has been so approved. If the 20 county board requires a cash bond, letter of credit, surety, 21 or any other method to cover the costs and expenses and to 22 insure completion of the requirements, the requirements shall 23 be subject to the provisions of Section 5-1123 of this Code. 24 This Section is subject to the provisions of Section 5-1123. 25 The county board may, by resolution, provide a schedule 26 of fees sufficient to reimburse the county for the costs 27 incurred in reviewing such maps, plats and subdivisions 28 submitted for approval to the county board. The fees 29 authorized by this Section are to be paid into the general 30 corporate fund of the county by the party desiring to have 31 the plat approved. 32 For purposes of implementing ordinances regarding 33 developer donations or impact fees and only for the purpose 34 of expenditures thereof, "public grounds for schools" is -3- LRB093 14076 MKM 19491 b 1 defined as including land or site improvements, which include 2 school buildings or other infrastructure necessitated and 3 specifically and uniquely attributable to the development or 4 subdivision in question. This amendatory Act of the 93rd 5 General Assembly applies to all impact fees or developer 6 donations paid into a school district or held in a separate 7 account or escrow fund by any school district or county for a 8 school district. 9 For purposes of implementing ordinances regarding 10 developer donations or impact fees and only for the purpose 11 of expenditures thereof, "public libraries" is defined as 12 including land or site improvements, including library 13 buildings or other infrastructure necessitated by and 14 specifically and uniquely attributable to the development or 15 subdivision in question. This amendatory Act of the 93rd 16 General Assembly applies to all impact fees or developer 17 donations paid into a public library or library district or 18 held in a separate account or escrow fund by any public 19 library or library district or county for a public library or 20 library district. 21 For purposes of implementing ordinances regarding 22 developer donations or impact fees and only for the purpose 23 of expenditures thereof, "fire protection districts" is 24 defined as including land or site improvements, including 25 fire protection district buildings or other infrastructure 26 necessitated by and specifically and uniquely attributable to 27 the development or subdivision in question. This amendatory 28 Act of the 93rd General Assembly applies to all impact fees 29 or developer donations paid into a fire protection district 30 or held in a separate account or escrow fund by any fire 31 protection district or county for a fire protection district. 32 For purposes of implementing ordinances regarding 33 developer donations or impact fees and only for the purpose 34 of expenditures thereof, "township fire departments" is -4- LRB093 14076 MKM 19491 b 1 defined as including land or site improvements, including 2 township fire department buildings or other infrastructure 3 necessitated by and specifically and uniquely attributable to 4 the development or subdivision in question. This amendatory 5 Act of the 93rd General Assembly applies to all impact fees 6 or developer donations paid into a township fire department 7 or held in a separate account or escrow fund by any township 8 fire department or county for a township fire department. 9 No officer designated by a county board for the approval 10 of plats shall engage in the business of surveying, and no 11 map, plat or subdivision shall be received for record or have 12 any validity which has been prepared by or under the 13 direction of such plat officer. 14 It is the intention of this amendatory Act of 1990 to 15 repeal the language added to Section 25.09 of "An Act to 16 revise the law in relation to counties", approved March 31, 17 1874, by P.A. 86-614, Section 25.09 of that Act being the 18 predecessor of this Section. 19 (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.) 20 (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042) 21 Sec. 5-1042. Maps, plats and subdivisions in certain 22 counties. In any county with a population not in excess of 23 500,000 located in the area served by the Northeastern 24 Illinois Metropolitan Planning Commission, a county board may 25 establish by ordinance or resolution of record reasonable 26 rules and regulations governing the location, width and 27 course of streets and highways, and the provision of public 28 grounds for schools, public libraries, fire protection 29 districts, township fire departments, parks or playgrounds, 30 in any map, plat or subdivision of any block, lot or sub-lot 31 or any part thereof or any piece or parcel of land in the 32 county, not being within any city, village or incorporated 33 town in the county which rules and regulations may include -5- LRB093 14076 MKM 19491 b 1 such reasonable requirements with respect to water supply and 2 sewage collection and treatment, and such reasonable 3 requirements with respect to street drainage and surfacing, 4 as may be established by the county board as minimum 5 requirements in the interest of the health, safety and 6 convenience of the public of the county; and may require by 7 ordinance or resolution of record that any map, plat or 8 subdivision shall be submitted to the county board or some 9 officer to be designated by the county board for its or his 10 approval in the manner provided in Section 5-1041, and to 11 require bonds and charge fees as provided in Section 5-1041. 12 This Section is subject to the provisions of Section 5-1123. 13 For purposes of implementing ordinances regarding 14 developer donations or impact fees and only for the purpose 15 of expenditures thereof, "public grounds for schools" is 16 defined as including land or site improvements, which include 17 school buildings or other infrastructure necessitated 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 school district or held in a separate 22 account or escrow fund by any school district or county for a 23 school district. 24 For purposes of implementing ordinances regarding 25 developer donations or impact fees and only for the purpose 26 of expenditures thereof, "public libraries" is defined as 27 including land or site improvements, including library 28 buildings or other infrastructure necessitated by and 29 specifically and uniquely attributable to the development or 30 subdivision in question. This amendatory Act of the 93rd 31 General Assembly applies to all impact fees or developer 32 donations paid into a public library or library district or 33 held in a separate account or escrow fund by any public 34 library or library district or county for a public library or -6- LRB093 14076 MKM 19491 b 1 library district. 2 For purposes of implementing ordinances regarding 3 developer donations or impact fees and only for the purpose 4 of expenditures thereof, "fire protection districts" is 5 defined as including land or site improvements, including 6 fire protection district buildings or other infrastructure 7 necessitated by and specifically and uniquely attributable to 8 the development or subdivision in question. This amendatory 9 Act of the 93rd General Assembly applies to all impact fees 10 or developer donations paid into a fire protection district 11 or held in a separate account or escrow fund by any fire 12 protection district or county for a fire protection district. 13 For purposes of implementing ordinances regarding 14 developer donations or impact fees and only for the purpose 15 of expenditures thereof, "township fire departments" is 16 defined as including land or site improvements, including 17 township fire department buildings or other infrastructure 18 necessitated by and specifically and uniquely attributable to 19 the development or subdivision in question. This amendatory 20 Act of the 93rd General Assembly applies to all impact fees 21 or developer donations paid into a township fire department 22 or held in a separate account or escrow fund by any township 23 fire department or county for a township fire department. 24 (Source: P.A. 93-330, eff. 7-24-03.) 25 Section 10. The Illinois Municipal Code is amended by 26 changing Section 11-12-5 as follows: 27 (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5) 28 Sec. 11-12-5. Every plan commission and planning 29 department authorized by this division 12 has the following 30 powers and whenever in this division 12 the term plan 31 commission is used such term shall be deemed to include the 32 term planning department: -7- LRB093 14076 MKM 19491 b 1 (1) To prepare and recommend to the corporate 2 authorities a comprehensive plan for the present and future 3 development or redevelopment of the municipality. Such plan 4 may be adopted in whole or in separate geographical or 5 functional parts, each of which, when adopted, shall be the 6 official comprehensive plan, or part thereof, of that 7 municipality. This plan may include reasonable requirements 8 with reference to streets, alleys, public grounds, and other 9 improvements hereinafter specified. The plan, as recommended 10 by the plan commission and as thereafter adopted in any 11 municipality in this state, may be made applicable, by the 12 terms thereof, to land situated within the corporate limits 13 and contiguous territory not more than one and one-half miles 14 beyond the corporate limits and not included in any 15 municipality. Such plan may be implemented by ordinances (a) 16 establishing reasonable standards of design for subdivisions 17 and for resubdivisions of unimproved land and of areas 18 subject to redevelopment in respect to public improvements as 19 herein defined; (b) establishing reasonable requirements 20 governing the location, width, course, and surfacing of 21 public streets and highways, alleys, ways for public service 22 facilities, curbs, gutters, sidewalks, street lights, parks, 23 playgrounds, school grounds, public libraries, fire 24 protection districts, township fire departments, size of lots 25 to be used for residential purposes, storm water drainage, 26 water supply and distribution, sanitary sewers, and sewage 27 collection and treatment; and (c) may designate land suitable 28 for annexation to the municipality and the recommended zoning 29 classification for such land upon annexation. 30 (2) To recommend changes, from time to time, in the 31 official comprehensive plan. 32 (3) To prepare and recommend to the corporate 33 authorities, from time to time, plans for specific 34 improvements in pursuance of the official comprehensive plan. -8- LRB093 14076 MKM 19491 b 1 (4) To give aid to the municipal officials charged with 2 the direction of projects for improvements embraced within 3 the official plan, to further the making of these projects, 4 and, generally, to promote the realization of the official 5 comprehensive plan. 6 (5) To prepare and recommend to the corporate 7 authorities schemes for regulating or forbidding structures 8 or activities which may hinder access to solar energy 9 necessary for the proper functioning of solar energy systems, 10 as defined in Section 1.2 of The Comprehensive Solar Energy 11 Act of 1977, or to recommend changes in such schemes. 12 (6) To exercise such other powers germane to the powers 13 granted by this article as may be conferred by the corporate 14 authorities. 15 (7) For purposes of implementing ordinances regarding 16 developer donations or impact fees, and specifically for 17 expenditures thereof, "school grounds" is defined as 18 including land or site improvements, which include school 19 buildings or other infrastructure necessitated and 20 specifically and uniquely attributed 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 school district or held in a separate 24 account or escrow fund by any school district or municipality 25 for a school district. 26 (8) For purposes of implementing ordinances regarding 27 developer donations or impact fees and only for the purpose 28 of expenditures thereof, "public libraries" is defined as 29 including land or site improvements, including library 30 buildings or other infrastructure necessitated by 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 34 donations paid into a public library or library district or -9- LRB093 14076 MKM 19491 b 1 held in a separate account or escrow fund by any public 2 library or library district or municipality for a public 3 library or library district. 4 (9) For purposes of implementing ordinances regarding 5 developer donations or impact fees and only for the purpose 6 of expenditures thereof, "fire protection districts" is 7 defined as including land or site improvements, including 8 fire protection district buildings or other infrastructure 9 necessitated by and specifically and uniquely attributable to 10 the development or subdivision in question. This amendatory 11 Act of the 93rd General Assembly applies to all impact fees 12 or developer donations paid into a fire protection district 13 or held in a separate account or escrow fund by any fire 14 protection district or municipality for a fire protection 15 district. 16 (10) For purposes of implementing ordinances regarding 17 developer donations or impact fees and only for the purpose 18 of expenditures thereof, "township fire departments" is 19 defined as including land or site improvements, including 20 township fire department buildings or other infrastructure 21 necessitated by and specifically and uniquely attributable to 22 the development or subdivision in question. This amendatory 23 Act of the 93rd General Assembly applies to all impact fees 24 or developer donations paid into a township fire department 25 or held in a separate account or escrow fund by any township 26 fire department or municipality for a township fire 27 department. 28 (Source: P.A. 93-330, eff. 7-24-03.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.