HB0535 94TH GENERAL ASSEMBLY

LRB094 06461 AJO 36549 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0535

Introduced 01/27/05, by Rep. Patricia Reid Lindner

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1041	from Ch. 34, par. 5-1041
55 ILCS 5/5-1042	from Ch. 34, par. 5-1042

Amends the Counties Code. Allows a county to impose a development impact fee by ordinance, resolution, or development agreement to: undertake capital developments or capital improvements; acquire land; make improvements to the county highway system, buildings, or other property; acquire equipment; or pay for additional personnel. Sets forth considerations in determining the amount of the impact fee, such as: the share of costs that are specifically and uniquely attributable to the new development or subdivision; the demand for land, capital development, capital improvement, equipment, or personnel generated by the development or subdivision; and the direct and material benefit to the development or subdivision. Requires that the impact fee be deposited into interest bearing accounts designated solely for the approved purposes for each school district, park district, library district, or fire protection district located in the county that is affected by the new development or subdivision. Provides that the county is accountable to each of those units of local government for the expenditure of those moneys. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning counties.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Sections 5-1041 and 5-1042 as follows:

(55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)

Sec. 5-1041. Maps, plats and subdivisions; impact fees.

(a) A county board may prescribe, by resolution or ordinance, reasonable rules and regulations governing the location, width and course of streets and highways and of floodplain, stormwater and floodwater runoff channels and basins, any land acquisition under subsection (b), and the provision of necessary public grounds for fire protection, schools, public libraries, parks or playgrounds, and the county government in any map, plat or subdivision of any block, lot or sub-lot or any part thereof or any piece or parcel of land, not being within any city, village or incorporated town. The rules and regulations may include such reasonable requirements with respect to water supply and sewage collection and treatment as may be established by the Environmental Protection Agency, and such reasonable requirements with respect to floodplain and stormwater management as may be established by the County Stormwater Management Committee established under Section 5-1062 of this Code, and such reasonable requirements with respect to street drainage and surfacing as may be established by the county engineer or superintendent of highways and which by resolution shall be deemed to be the minimum requirements in the interest of the health, safety, education and convenience of the public of the county; and may provide by resolution that the map, plat or subdivision shall be submitted to the county board or to some officer to be designated by the county board for its their or his or her approval. The county board shall have a qualified engineer make an estimate of the probable expenditures necessary to enable any person to conform with the standards of construction established by the board pursuant to the provisions of this Section. Except as provided in Section 3 of the Public Construction Bond Act, each person who seeks the county board's approval of a map, plat or subdivision shall post a good and sufficient cash bond, irrevocable letter of credit, surety bond, or other adequate security with the county clerk, in a penal sum sufficient to cover the estimate of expenditures made by the estimating engineer. The cash bond, irrevocable letter of credit, surety bond, or other adequate security shall be conditioned upon faithful adherence to the rules and regulations of the county board promulgated pursuant to the authorization granted to it by this Section or by Section 5-1062 of this Code, and in such cases no such map, plat or subdivision shall be recorded entitled to record in the proper county or have any validity until it has been so approved. If the county board requires a cash bond, letter of credit, surety, or any other method to cover the costs and expenses and to insure completion of the requirements, the requirements shall be subject to the provisions of Section 5-1123 of this Code. This Section is subject to the provisions of Section 5-1123.

The county board may, by resolution, provide a schedule of fees sufficient to reimburse the county for the costs incurred in reviewing such maps, plats and subdivisions submitted for approval to the county board. The fees authorized by this Section are to be paid into the general corporate fund of the county by the party desiring to have the plat approved.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "public grounds for schools" is defined as including land or site improvements, which include school buildings or other infrastructure necessitated and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 93rd General Assembly applies to all impact fees or developer donations paid into a school district or held in a separate account or escrow fund by any school district or county for a school district.

No officer designated by a county board for the approval of plats shall engage in the business of surveying, and no map, plat or subdivision shall be received for record or have any validity which has been prepared by or under the direction of such plat officer.

It is the intention of this amendatory Act of 1990 to repeal the language added to Section 25.09 of "An Act to revise the law in relation to counties", approved March 31, 1874, by P.A. 86-614, Section 25.09 of that Act being the predecessor of this Section.

(b) A county board may impose a development impact fee on a developer that is undertaking a residential, commercial, or industrial project that is being newly constructed, reconstructed, redeveloped, enlarged, or otherwise developed and that will generate additional demands for services from the county or a school district, park district, library district, or fire protection district located in the county. A county board may impose an impact fee by ordinance, resolution, or development agreement. A county board may impose an impact fee for the county or an affected school, park, library, or fire protection district for: acquisition of land; capital developments; capital improvements to the county highway system; capital improvements to buildings or other real property; acquisition of equipment; or additional personnel.

An impact fee payable by a developer may not exceed a proportionate share of the costs incurred or the costs that will be incurred by the county or a school, park, library, or fire protection district that are specifically and uniquely attributable to the new development or subdivision. The county must work with and include representatives of school, park, library, and fire protection districts that are affected by the development or subdivision in determining development impact fees to be assessed on behalf of the county and the districts. In calculating the amount of an impact fee under this Section, the county must consider, without limitation, for the county and the affected school, park, library, or fire protection districts (i) the demand for land, capital developments, capital improvements, equipment, or personnel generated by the development or subdivision (ii) the direct and material benefit to the development or subdivision because of the land, capital development, capital improvement, equipment, or personnel that will be financed by the impact fee, and (iii) the acreage and the value of the acreage required for a capital development or capital improvement.

All development impact fees collected under this Section shall be deposited into interest bearing accounts designated for each unit of local government affected by the new development for one or more of the authorized purposes. Interest earned shall be deposited into the account. The county is accountable to each of those units of local government for the expenditure of those moneys.

(Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)

(55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)

Sec. 5-1042. Maps, plats and subdivisions and impact fees in certain counties.

(a) In any county with a population not in excess of 500,000 located in the area served by the Northeastern Illinois Metropolitan Planning Commission, a county board may establish by ordinance or resolution of record reasonable rules and regulations governing the location, width and course of streets and highways, any land acquisition under subsection (b), and the provision of public grounds for fire protection, schools, parks or playgrounds, and the county government in any map, plat or subdivision of any block, lot or sub-lot or any part thereof or any piece or parcel of land in the county, not being within any city, village or incorporated town in the county which rules and regulations may include such reasonable requirements with respect to water supply and sewage collection and treatment, and such reasonable requirements with respect to street drainage and surfacing, as may be established by the county board as minimum requirements in the interest of the health, safety and convenience of the public of the county; and may require by ordinance or resolution of record that any map, plat or subdivision shall be submitted to the county board or some officer to be designated by the county board for its or his approval in the manner provided in Section 5-1041, and to require bonds and charge fees as provided in Section 5-1041. This Section is subject to the provisions of Section 5-1123.

For purposes of implementing ordinances regarding developer donations or impact fees and only for the purpose of expenditures thereof, "public grounds for schools" is defined as including land or site improvements, which include school buildings or other infrastructure necessitated and specifically and uniquely attributable to the development or subdivision in question. This amendatory Act of the 93rd General Assembly applies to all impact fees or developer donations paid into a school district or held in a separate account or escrow fund by any school district or county for a school district.

(b) A county board may impose a development impact fee on a developer that is undertaking a residential, commercial, or industrial project that is being newly constructed, reconstructed, redeveloped, enlarged, or otherwise developed and that will generate additional demands for services from the county or a school district, park district, library district, or fire protection district located in the county. A county board may impose an impact fee by ordinance, resolution, or development agreement. A county board may impose an impact fee for the county or an affected school, park, library, or fire protection district for: acquisition of land; capital developments; capital improvements to the county highway system; capital improvements to buildings or other real property; acquisition of equipment; or the cost of additional personnel.

An impact fee payable by a developer may not exceed a proportionate share of the costs incurred or the costs that will be incurred by the county or a school, park, library, or fire protection district that are specifically and uniquely attributable to the new development or subdivision. The county must work with and include representatives of school, park, library, and fire protection districts that are affected by the development or subdivision in determining development impact fees to be assessed on behalf of the county and the districts. In calculating the amount of an impact fee under this Section, the county must consider, without limitation, for the county and the affected school, park, library, or fire protection districts (i) the demand for land, capital developments, capital improvements, equipment, or personnel generated by the development or subdivision (ii) the direct and material benefit to the development or subdivision because of the land, capital development, capital improvement, equipment, or personnel that will be financed by the impact fee, and (iii) the acreage and the value of acreage required for a capital development or capital improvement, and (iv) the value of each acre of land.

All development impact fees collected under this Section shall be deposited into interest bearing accounts designated for each unit of local government affected by the new development for one or more of the authorized purposes. Interest earned shall be deposited into the account. The county is accountable to each of those units of local government for the expenditure of those moneys.

(Source: P.A. 93-330, eff. 7-24-03.)

Section 99. Effective date. This Act takes effect upon becoming law.