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| [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB1290
55 ILCS 5/5-1041 from Ch. 34, par. 5-1041
55 ILCS 5/5-1041.1 from Ch. 34, par. 5-1041.1
55 ILCS 5/5/1041.2 new
Amends the Counties Code. Provides that the governing
board of a school district located in a county having a
population of 500,000 or more and less than 3,000,000 may
submit to the county board a written request that a meeting
be held to discuss school land and capital facilities
donations from a developer of a subdivision or resubdivision.
Effective immediately.
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1 AN ACT to amend the Counties Code by changing Sections
2 5-1041 and 5-1041.1 and by adding Section 5-1041.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Sections 5-1041 and 5-1041.1 and by adding Section 5-1041.2
7 as follows:
8 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
9 Sec. 5-1041. Maps, plats and subdivisions. A county board
10 may prescribe, by resolution or ordinance, reasonable rules
11 and regulations governing the location, width and course of
12 streets and highways and of floodplain, stormwater and
13 floodwater runoff channels and basins, and the provision of
14 necessary public grounds and capital facilities for schools,
15 public libraries, parks or playgrounds, in any map, plat or
16 subdivision of any block, lot or sub-lot or any part thereof
17 or any piece or parcel of land, not being within any city,
18 village or incorporated town. The rules and regulations may
19 include such reasonable requirements with respect to water
20 supply and sewage collection and treatment as may be
21 established by the Environmental Protection Agency, and such
22 reasonable requirements with respect to floodplain and
23 stormwater management as may be established by the County
24 Stormwater Management Committee established under Section
25 5-1062 of this Code, and such reasonable requirements with
26 respect to street drainage and surfacing as may be
27 established by the county engineer or superintendent of
28 highways and which by resolution shall be deemed to be the
29 minimum requirements in the interest of the health, safety,
30 education and convenience of the public of the county; and
31 may provide by resolution that the map, plat or subdivision
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1 shall be submitted to the county board or to some officer to
2 be designated by the county board for their or his approval.
3 The county board shall have a qualified engineer make an
4 estimate of the probable expenditures necessary to enable any
5 person to conform with the standards of construction
6 established by the board pursuant to the provisions of this
7 Section. Each person who seeks the county board's approval of
8 a map, plat or subdivision shall post a good and sufficient
9 bond or other adequate security with the county clerk, in a
10 penal sum sufficient to cover the estimate of expenditures
11 made by the estimating engineer. The bond or other adequate
12 security shall be conditioned upon faithful adherence to the
13 rules and regulations of the county board promulgated
14 pursuant to the authorization granted to it by this Section
15 or by Section 5-1062 of this Code, and in such cases no such
16 map, plat or subdivision shall be entitled to record in the
17 proper county or have any validity until it has been so
18 approved. This Section is subject to the provisions of
19 Section 5-1123.
20 The county board may, by resolution, provide a schedule
21 of fees sufficient to reimburse the county for the costs
22 incurred in reviewing such maps, plats and subdivisions
23 submitted for approval to the county board. The fees
24 authorized by this Section are to be paid into the general
25 corporate fund of the county by the party desiring to have
26 the plat approved.
27 No officer designated by a county board for the approval
28 of plats shall engage in the business of surveying, and no
29 map, plat or subdivision shall be received for record or have
30 any validity which has been prepared by or under the
31 direction of such plat officer.
32 It is the intention of this amendatory Act of 1990 to
33 repeal the language added to Section 25.09 of "An Act to
34 revise the law in relation to counties", approved March 31,
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1 1874, by P.A. 86-614, Section 25.09 of that Act being the
2 predecessor of this Section.
3 (Source: P.A. 90-558, eff. 12-12-97.)
4 (55 ILCS 5/5-1041.1) (from Ch. 34, par. 5-1041.1)
5 Sec. 5-1041.1. School land donations. Except as provided
6 in Section 5-1041.2, the governing board of a school district
7 that is located in a county having a population of less than
8 3,000,000 may submit to the county board a written request
9 that a meeting be held to discuss school land donations from
10 a developer of a subdivision or resubdivision of land
11 included within the area served by the school district. For
12 the purposes of this Section, "school land donation" means a
13 donation of land for public school purposes or a cash
14 contribution in lieu thereof, or a combination of both.
15 (Source: P.A. 86-1039.)
16 (55 ILCS 5/5/1041.2 new)
17 Sec. 5-1041.2. School land and capital facilities
18 donations.
19 (a) The governing board of a school district located in
20 a county having a population of 500,000 or more and less than
21 3,000,000 may submit to the county board a written request
22 that a meeting be held to discuss school land donations and
23 capital facilities donations from a developer of a
24 subdivision or resubdivision of land included within the area
25 served by the school district. In no event shall a
26 developer's donation of school land and capital facilities
27 exceed his or her proportionate share of the costs to a
28 school district that are specifically and uniquely
29 attributable to the subdivision or resubdivision. Each
30 subdivision or resubdivision making a donation must receive a
31 direct and material benefit from school improvements
32 resulting from the school land or capital facilities
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1 donation.
2 (b) For purposes of this Section:
3 "School land donation" means a donation of land for
4 public school purposes, a cash contribution in lieu of a
5 donation of land, or a combination of both.
6 "Capital facilities donation" means a cash contribution
7 to cover costs associated with school structural
8 improvements, including but not limited to new school
9 buildings; additions or renovations to existing school
10 buildings; upgrades on all existing plumbing, electrical and
11 HVAC systems; similar equipment installations in new school
12 buildings; and fees associated with school expansion such as
13 architectural, engineering, legal, or recapture fees.
14 "Proportionate share" means land and capital facilities
15 costs that are specifically and uniquely attributable to a
16 subdivision or resubdivision after the consideration of the
17 following factors: (i) the projected number of students
18 generated by the subdivision or resubdivision; (ii) any
19 appropriate credit or offset for the contribution of money;
20 (iii) construction of school capital facilities; (iv)
21 payments reasonably anticipated to be made by or as a result
22 of the subdivision or resubdivision in the form of fees, debt
23 service payments, or taxes that are dedicated for school land
24 or capital facilities; and (v) all other available sources of
25 funding school land and capital facilities.
26 "Specifically and uniquely attributable" means that a
27 subdivision or resubdivision creates the need or an
28 identifiable portion of the need for additional school land,
29 school capacity, or both to be provided by the donation.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.