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90_SB1290sam001
LRB9009298MWcdam
1 AMENDMENT TO SENATE BILL 1290
2 AMENDMENT NO. . Amend Senate Bill 1290 by replacing
3 the title with the following:
4 "AN ACT to amend the Counties Code by changing Sections
5 5-1041 and 5-1041.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Sections 5-1041 and 5-1041.1 as follows:
10 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
11 Sec. 5-1041. Maps, plats and subdivisions. A county board
12 may prescribe, by resolution or ordinance, reasonable rules
13 and regulations governing the location, width and course of
14 streets and highways and of floodplain, stormwater and
15 floodwater runoff channels and basins, and the provision of
16 necessary public grounds for schools, public libraries, parks
17 or playgrounds, and necessary capital facilities for schools,
18 in any map, plat or subdivision of any block, lot or sub-lot
19 or any part thereof or any piece or parcel of land, not being
20 within any city, village or incorporated town. The rules and
21 regulations may include such reasonable requirements with
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1 respect to water supply and sewage collection and treatment
2 as may be established by the Environmental Protection Agency,
3 and such reasonable requirements with respect to floodplain
4 and stormwater management as may be established by the County
5 Stormwater Management Committee established under Section
6 5-1062 of this Code, and such reasonable requirements with
7 respect to street drainage and surfacing as may be
8 established by the county engineer or superintendent of
9 highways and which by resolution shall be deemed to be the
10 minimum requirements in the interest of the health, safety,
11 education and convenience of the public of the county; and
12 may provide by resolution that the map, plat or subdivision
13 shall be submitted to the county board or to some officer to
14 be designated by the county board for their or his approval.
15 The county board shall have a qualified engineer make an
16 estimate of the probable expenditures necessary to enable any
17 person to conform with the standards of construction
18 established by the board pursuant to the provisions of this
19 Section. Each person who seeks the county board's approval of
20 a map, plat or subdivision shall post a good and sufficient
21 bond or other adequate security with the county clerk, in a
22 penal sum sufficient to cover the estimate of expenditures
23 made by the estimating engineer. The bond or other adequate
24 security shall be conditioned upon faithful adherence to the
25 rules and regulations of the county board promulgated
26 pursuant to the authorization granted to it by this Section
27 or by Section 5-1062 of this Code, and in such cases no such
28 map, plat or subdivision shall be entitled to record in the
29 proper county or have any validity until it has been so
30 approved. This Section is subject to the provisions of
31 Section 5-1123.
32 The county board may, by resolution, provide a schedule
33 of fees sufficient to reimburse the county for the costs
34 incurred in reviewing such maps, plats and subdivisions
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1 submitted for approval to the county board. The fees
2 authorized by this Section are to be paid into the general
3 corporate fund of the county by the party desiring to have
4 the plat approved.
5 No officer designated by a county board for the approval
6 of plats shall engage in the business of surveying, and no
7 map, plat or subdivision shall be received for record or have
8 any validity which has been prepared by or under the
9 direction of such plat officer.
10 It is the intention of this amendatory Act of 1990 to
11 repeal the language added to Section 25.09 of "An Act to
12 revise the law in relation to counties", approved March 31,
13 1874, by P.A. 86-614, Section 25.09 of that Act being the
14 predecessor of this Section.
15 (Source: P.A. 90-558, eff. 12-12-97.)
16 (55 ILCS 5/5-1041.1) (from Ch. 34, par. 5-1041.1)
17 Sec. 5-1041.1. School land and capital facilities
18 donations.
19 (a) The governing board of a school district that is
20 located in a county having a population of 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,
23 capital facilities donations, or both 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, capital facilities, or
27 both 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. In no
30 event shall the total donation required of a developer for
31 school land purposes, capital facilities purposes, or both
32 exceed the developer's maximum required school land donation
33 as authorized in this Section. Each subdivision or
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1 resubdivision making a donation must receive a direct and
2 material benefit from school improvements resulting from the
3 school land donation, capital facilities donation, or both.
4 If any portion of a donation is not expended for the purposes
5 set forth in this Section within 10 years after the date of
6 final plat approval, it shall be refunded to the party who
7 made the donation. Refunds shall be provided only when the
8 payee presents a written request addressed to the effected
9 school district or Regional Superintendent of Schools within
10 the 11th year following the payment. Funds collected under
11 the provisions in this Section must be transferred to the
12 school district within 90 days after the date of collection.
13 (b) For purposes of this Section:
14 "School land donation" means a donation of land for
15 public school purposes, a cash contribution in lieu of a
16 donation of land, or a combination of both.
17 "Capital facilities donation" means a cash contribution
18 to cover costs associated with school structural
19 improvements, limited to new school buildings; additions or
20 renovations to existing school buildings; upgrades on all
21 existing plumbing, electrical, and HVAC systems; similar
22 equipment installations in new school buildings; and fees
23 associated with school expansion such as architectural,
24 engineering, or recapture fees. A capital facilities donation
25 shall not be used to cure any existing deficiencies in a
26 school facility or to pay any fees associated with curing
27 those existing deficiencies.
28 "Proportionate share" means land and capital facilities
29 costs that are specifically and uniquely attributable to a
30 subdivision or resubdivision after the consideration of the
31 following factors: (i) the projected number of students
32 generated by the subdivision or resubdivision; (ii) any
33 appropriate credit or offset for the contribution of money;
34 (iii) construction of school capital facilities; (iv)
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1 payments reasonably anticipated to be made by or as a result
2 of the subdivision or resubdivision in the form of fees, debt
3 service payments, or taxes that are dedicated for school land
4 or capital facilities; and (v) all other available sources of
5 funding school land and capital facilities. In order to make
6 a determination of a developer's proportionate share, the
7 county must have in place a formula that shall be assessed
8 consistantly and accurately against all residential
9 subdivisions or resubdivisions.
10 "Specifically and uniquely attributable" means that a
11 subdivision or resubdivision creates the need or an
12 identifiable portion of the need for additional school land,
13 school capacity, or both to be provided by the donation. For
14 the purposes of this Section, "school land donation" means a
15 donation of land for public school purposes or a cash
16 contribution in lieu thereof, or a combination of both.
17 (Source: P.A. 86-1039.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".