Full Text of HB2633 93rd General Assembly
HB2633ham005 93RD GENERAL ASSEMBLY
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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 | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Counties Code is amended by changing | 6 |
| 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 | 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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| necessary public grounds for schools, public libraries, parks ,
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| 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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| 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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LRB093 10995 MKM 49514 a |
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| 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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| 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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| 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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| 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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| 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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| 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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| For purposes of implementing ordinances regarding
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| 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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| subdivision in question.
This amendatory
Act of the 93rd | 10 |
| General Assembly applies to all impact fees or developer
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| 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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| 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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| 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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| (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)".
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