093_HB3866 LRB093 12903 MKM 18111 b 1 AN ACT concerning public libraries. 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 -2- LRB093 12903 MKM 18111 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 -3- LRB093 12903 MKM 18111 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 For purposes of implementing ordinances regarding 9 developer donations or impact fees and only for the purpose 10 of expenditures thereof, "public libraries" is defined as 11 including land or site improvements, including library 12 buildings or other infrastructure necessitated by and 13 specifically and uniquely attributable to the development or 14 subdivision in question. This amendatory Act of the 93rd 15 General Assembly applies to all impact fees or developer 16 donations paid into a public library or library district or 17 held in a separate account or escrow fund by any public 18 library or library district or county for a public library or 19 library district. 20 No officer designated by a county board for the approval 21 of plats shall engage in the business of surveying, and no 22 map, plat or subdivision shall be received for record or have 23 any validity which has been prepared by or under the 24 direction of such plat officer. 25 It is the intention of this amendatory Act of 1990 to 26 repeal the language added to Section 25.09 of "An Act to 27 revise the law in relation to counties", approved March 31, 28 1874, by P.A. 86-614, Section 25.09 of that Act being the 29 predecessor of this Section. 30 (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.) 31 (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042) 32 Sec. 5-1042. Maps, plats and subdivisions in certain 33 counties. In any county with a population not in excess of -4- LRB093 12903 MKM 18111 b 1 500,000 located in the area served by the Northeastern 2 Illinois Metropolitan Planning Commission, a county board may 3 establish by ordinance or resolution of record reasonable 4 rules and regulations governing the location, width and 5 course of streets and highways, and the provision of public 6 grounds for schools, public libraries, parks or playgrounds, 7 in any map, plat or subdivision of any block, lot or sub-lot 8 or any part thereof or any piece or parcel of land in the 9 county, not being within any city, village or incorporated 10 town in the county which rules and regulations may include 11 such reasonable requirements with respect to water supply and 12 sewage collection and treatment, and such reasonable 13 requirements with respect to street drainage and surfacing, 14 as may be established by the county board as minimum 15 requirements in the interest of the health, safety and 16 convenience of the public of the county; and may require by 17 ordinance or resolution of record that any map, plat or 18 subdivision shall be submitted to the county board or some 19 officer to be designated by the county board for its or his 20 approval in the manner provided in Section 5-1041, and to 21 require bonds and charge fees as provided in Section 5-1041. 22 This Section is subject to the provisions of Section 5-1123. 23 For purposes of implementing ordinances regarding 24 developer donations or impact fees and only for the purpose 25 of expenditures thereof, "public grounds for schools" is 26 defined as including land or site improvements, which include 27 school buildings or other infrastructure necessitated and 28 specifically and uniquely attributable to the development or 29 subdivision in question. This amendatory Act of the 93rd 30 General Assembly applies to all impact fees or developer 31 donations paid into a school district or held in a separate 32 account or escrow fund by any school district or county for a 33 school district. 34 For purposes of implementing ordinances regarding -5- LRB093 12903 MKM 18111 b 1 developer donations or impact fees and only for the purpose 2 of expenditures thereof, "public libraries" is defined as 3 including land or site improvements, including library 4 buildings or other infrastructure necessitated by and 5 specifically and uniquely attributable to the development or 6 subdivision in question. This amendatory Act of the 93rd 7 General Assembly applies to all impact fees or developer 8 donations paid into a public library or library district or 9 held in a separate account or escrow fund by any public 10 library or library district or county for a public library or 11 library district. 12 (Source: P.A. 93-330, eff. 7-24-03.) 13 Section 10. The Illinois Municipal Code is amended by 14 changing Section 11-12-5 as follows: 15 (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5) 16 Sec. 11-12-5. Every plan commission and planning 17 department authorized by this division 12 has the following 18 powers and whenever in this division 12 the term plan 19 commission is used such term shall be deemed to include the 20 term planning department: 21 (1) To prepare and recommend to the corporate 22 authorities a comprehensive plan for the present and future 23 development or redevelopment of the municipality. Such plan 24 may be adopted in whole or in separate geographical or 25 functional parts, each of which, when adopted, shall be the 26 official comprehensive plan, or part thereof, of that 27 municipality. This plan may include reasonable requirements 28 with reference to streets, alleys, public grounds, and other 29 improvements hereinafter specified. The plan, as recommended 30 by the plan commission and as thereafter adopted in any 31 municipality in this state, may be made applicable, by the 32 terms thereof, to land situated within the corporate limits -6- LRB093 12903 MKM 18111 b 1 and contiguous territory not more than one and one-half miles 2 beyond the corporate limits and not included in any 3 municipality. Such plan may be implemented by ordinances (a) 4 establishing reasonable standards of design for subdivisions 5 and for resubdivisions of unimproved land and of areas 6 subject to redevelopment in respect to public improvements as 7 herein defined; (b) establishing reasonable requirements 8 governing the location, width, course, and surfacing of 9 public streets and highways, alleys, ways for public service 10 facilities, curbs, gutters, sidewalks, street lights, parks, 11 playgrounds, school grounds, public libraries, size of lots 12 to be used for residential purposes, storm water drainage, 13 water supply and distribution, sanitary sewers, and sewage 14 collection and treatment; and (c) may designate land suitable 15 for annexation to the municipality and the recommended zoning 16 classification for such land upon annexation. 17 (2) To recommend changes, from time to time, in the 18 official comprehensive plan. 19 (3) To prepare and recommend to the corporate 20 authorities, from time to time, plans for specific 21 improvements in pursuance of the official comprehensive plan. 22 (4) To give aid to the municipal officials charged with 23 the direction of projects for improvements embraced within 24 the official plan, to further the making of these projects, 25 and, generally, to promote the realization of the official 26 comprehensive plan. 27 (5) To prepare and recommend to the corporate 28 authorities schemes for regulating or forbidding structures 29 or activities which may hinder access to solar energy 30 necessary for the proper functioning of solar energy systems, 31 as defined in Section 1.2 of The Comprehensive Solar Energy 32 Act of 1977, or to recommend changes in such schemes. 33 (6) To exercise such other powers germane to the powers 34 granted by this article as may be conferred by the corporate -7- LRB093 12903 MKM 18111 b 1 authorities. 2 (7) For purposes of implementing ordinances regarding 3 developer donations or impact fees, and specifically for 4 expenditures thereof, "school grounds" is defined as 5 including land or site improvements, which include school 6 buildings or other infrastructure necessitated and 7 specifically and uniquely attributed 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 municipality 12 for a school district. 13 (8) For purposes of implementing ordinances regarding 14 developer donations or impact fees and only for the purpose 15 of 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 23 library or library district or municipality for a public 24 library or library district. 25 (Source: P.A. 93-330, eff. 7-24-03.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.