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91_HB0211
LRB9100500PTpk
1 AN ACT concerning land preservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1
5 Section 1-1. Short title. This Article may be cited as
6 the County and Municipal Open Space Law.
7 Section 1-5. Policy. The General Assembly finds that
8 movements and shifts of population and changes in
9 residential, commercial, and industrial use and customs
10 threaten the disappearance of open space areas having special
11 community value, and that the preservation of these open
12 space areas is necessary and desirable to sound community
13 planning and to the welfare of community residents. The
14 granting of the powers provided in this Article is directed
15 to the preservation of open space property and is declared to
16 be a public use essential to the public interest.
17 Section 1-10. Definitions. As used in this Article:
18 "Contiguous" means contiguous for purposes of annexation
19 under Article 7 of the Illinois Municipal Code.
20 "Development of real property" means the constructing,
21 installing, planting, or creating of any permanent or
22 temporary improvement of real property that has been acquired
23 for open space purposes. "Development" of property is deemed
24 to have commenced if all of the following provisions are met:
25 (1) At least 30 days before the filing of a
26 petition under Section 1-25, an application for a
27 preliminary plan or preliminary planned unit development
28 has been filed with the applicable governmental entity
29 or, if neither is required, a building permit has been
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1 obtained at least 30 days before the filing of the
2 petition.
3 (2) Mass grading of the property has commenced.
4 (3) Within 180 days of the date the open space plan
5 is recommended for approval by the governing authority or
6 by petition of the voters, the installation of public
7 improvements has commenced.
8 "Governing authority" means the corporate authority of a
9 county or municipality implementing an open space plan.
10 "Municipality" has the meaning provided in Section 1 of
11 Article VII of the Illinois Constitution.
12 "Open land" or "open space" means any space or area of
13 land or water of an area of 50 acres or more where the
14 preservation or the restriction of development or use of
15 which would accomplish one or more of the following purposes:
16 (1) Maintain or enhance the conservation of natural
17 or scenic resources.
18 (2) Protect natural streams or water supply.
19 (3) Promote conservation of soils, wet lands, or
20 shores.
21 (4) Afford or enhance public outdoor recreation
22 opportunities.
23 (5) Preserve flora and fauna, geological features,
24 historic sites, or other areas of educational or
25 scientific interest.
26 (6) Preserve prime farmland.
27 (7) Enhance the value to the public of abutting or
28 neighboring highways, parks, or other public lands.
29 (8) Implement the plan of development adopted by
30 the planning commission of any municipality or county.
31 (9) Promote orderly urban or suburban development.
32 "Open space plan" means the written plan adopted or
33 amended by the governing authority to implement an open space
34 program.
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1 "Open space program" means the acquisition of the fee or
2 of a lesser right or interest in tracts of open land by the
3 county or municipality for open space purposes.
4 "Open space purposes" means:
5 (1) The preservation and maintenance of open land,
6 scenic roadways, and pathways.
7 (2) The holding of real property described in
8 paragraph (1) with or without public access for the
9 education, pleasure, and recreation of the public or for
10 other open space values.
11 (3) The preservation of portions of that property
12 in their natural condition and the development of other
13 portions of that property.
14 (4) The management and use of that property in a
15 manner and with restrictions that will leave it
16 unimpaired for the benefit of future generations.
17 (5) The preservation of prime farmland.
18 (6) Otherwise promoting the conservation of the
19 nature, flora and fauna, natural environment, and natural
20 resources of the county or municipality.
21 Section 1-15. Open space plan; petition.
22 (a) A county or municipality desiring to enter upon an
23 open space program may do so only after adoption of an open
24 space plan under Section 1-25. The governing authority may
25 commence preparation of an open space plan only upon the
26 filing with its clerk of a petition signed by not less than
27 10% of the applicable registered voters recommending that the
28 governing authority commence preparation of an open space
29 plan.
30 (b) A proposed open space plan must meet all of the
31 following requirements:
32 (1) Identify all open land that the acquisition of
33 which is deemed necessary to accomplish the purposes of
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1 the open space program.
2 (2) State the ways in which the acquisition of open
3 land will further open space purposes.
4 (3) State the estimated costs of implementing the
5 proposed plan.
6 (4) State the approximate tax, per $100 of assessed
7 value, that will be levied to provide the necessary funds
8 for implementing the proposed plan.
9 (5) State the estimated timetable for implementing
10 the proposed plan.
11 (6) Establish standards and procedures for
12 establishing priorities for the acquisition of parcels
13 identified in the plan.
14 Section 1-20. Public hearing.
15 (a) Before adopting an open space plan or an amendment
16 to a plan, the governing authority of the county or
17 municipality must (i) conduct a public hearing on the plan or
18 amendment, (ii) recommend adoption of the open space plan or
19 receive a recommendation by petition of the voters under
20 Section 1-15 that the open space plan be adopted, and (iii)
21 submit the question of adoption of the open space plan to the
22 voters under Section 1-25.
23 (b) The governing authority must prepare a notice of the
24 public hearing stating the date, time, place, and purpose of
25 the hearing. The county or municipal clerk, as the case may
26 be, must publish the notice in a newspaper of general
27 circulation in the respective county or municipality not less
28 than 15 nor more than 30 days before the date of the hearing.
29 The clerk also must send notice of the hearing by registered
30 or certified mail, return receipt requested, not less than 20
31 days before the hearing, to the owners of property being
32 recommended for acquisition and designation as open space
33 under the proposed open space plan. The owners shall be
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1 those parties identified on the most current real estate tax
2 assessment rolls for the county in which the territory is
3 located as being the parties to whom current real estate tax
4 bills are being sent. A copy of the proposed plan also must
5 be filed with the clerk, who must make it available to the
6 general public for inspection after publication of the notice
7 of public hearing.
8 (c) At the public hearing, all persons desiring to offer
9 statements or other evidence in support of or in opposition
10 to the proposed plan must be afforded an opportunity to do so
11 orally, in writing, or both.
12 (d) Within 60 days after the public hearing, the
13 governing authority must consider all of the evidence and may
14 recommend adoption or rejection of the proposed open space
15 plan in whole or in part. The governing authority's
16 recommendation must be in writing. If (i) the governing
17 authority does not recommend adoption or rejection of the
18 proposed open space plan or (ii) a petition from the voters
19 recommending adoption of the open space plan is not filed
20 with the appropriate clerk within 60 days after the public
21 hearing, then the open space plan may not be subsequently
22 adopted unless another public hearing is held and notice
23 given as provided in this Section. A recommendation by the
24 governing authority or by petition of the voters under this
25 Section to adopt an open space plan must be made no later
26 than 138 days before the next regular election in order for
27 the question of the adoption of the open space plan to appear
28 on the ballot at that election. If the question of the
29 adoption of the open space plan does not appear on the
30 ballot, then the open space plan may not be subsequently
31 adopted unless another public hearing is held and notice
32 given under this Section.
33 Section 1-25. Referendum on recommended plan; petition.
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1 (a) If (i) the governing authority recommends adoption of
2 the open space plan or (ii) a petition is filed by not less
3 than 10% of the registered voters of county or municipality,
4 as the case may be, recommending adoption of the open space
5 plan, then the governing authority must file a petition with
6 its clerk. The petition must be filed within 30 days of
7 making of the recommendation or the filing of the voters'
8 petition. The petition must request the clerk to submit to
9 the voters the question of the approval of the adoption of
10 the open space plan to enter upon an open space program with
11 the power to acquire open land by purchase, condemnation, or
12 otherwise and with the power to issue bonds and levy taxes
13 for this Article's purposes. The clerk must certify the
14 proposition to the proper election officials, who shall
15 submit the proposition to the voters of the county or
16 municipality, as the case may be, at the next regular
17 election. The referendum must be conducted and notice given
18 according to the Election Code.
19 (b) The question submitted to the voters at the election
20 must be in substantially the following form:
21 Shall (name of county or municipality) adopt the
22 open space plan considered at the public hearing on
23 (date) granting the authority (i) to acquire open space
24 land by purchase, condemnation, or otherwise, (ii) to
25 issue bonds for open space purposes in an amount not
26 exceeding 5% of the valuation of taxable property, and
27 (iii) to levy a tax to pay the principal of and interest
28 on those bonds?
29 The votes shall be recorded as "Yes" or "No".
30 (c) If a majority of the voters voting at the election on
31 the question vote in favor of the question, then the
32 governing authority must adopt and enter upon an open space
33 plan under this Article. If the proposition does not receive
34 the approval of a majority of the voters, then a proposition
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1 may not be submitted to the voters under this Section less
2 than 23 months after the date of the election.
3 Section 1-30. Amendment or addition to plan; release.
4 (a) If the governing authority recommends any amendments
5 or additions to a plan after its adoption, then property that
6 is the subject of the amendment or addition may not be
7 acquired until the revised plan is approved by the voters at
8 a referendum under Section 1-25. If the amendments or
9 additions, however, do not provide for expenditures in excess
10 of those provided in the original plan and do not provide for
11 the acquisition of property other than from persons who are
12 selling their property voluntarily, then the property may be
13 readily acquired.
14 (b) The governing authority may release a specified
15 parcel of land from an open space plan and allow the
16 development of the parcel to occur. Once development has
17 commenced, however, the land is no longer eligible for
18 reacquisition as an open space area.
19 Section 1-35. Property within a municipality; petition;
20 referendum.
21 (a) If the open space plan recommended for adoption
22 under Section 1-20 by a county contains property that is
23 located within the corporate boundaries of a municipality,
24 then the municipality may, within 30 days of the
25 recommendation, vote to accede to the county the acquisition
26 by condemnation of property that is situated within the
27 municipality's corporate boundaries. If the corporate
28 authorities of the municipality fail to act within that
29 30-day period, then none of the property included in the open
30 space plan that is situated within the municipality may be
31 acquired by the county by condemnation. The municipality's
32 failure to act constitutes a denial of authority to acquire
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1 that property by condemnation.
2 (b) If, within 30 days of the decision of the
3 municipality to either authorize or deny the acquisition by
4 condemnation of its property, a petition is filed with the
5 municipal clerk, requesting that the question of whether the
6 county may acquire the property by condemnation be submitted
7 to the voters of the municipality, then the question must be
8 submitted to the voters. The petition must be signed by not
9 less than 15% of the registered voters of the municipality.
10 The petition must state the public question to be submitted
11 and contain a common description of the territory. The
12 description must describe the territory by reference to
13 streets, natural or artificial landmarks, addresses, or any
14 other method that would enable a voter signing the petition
15 to be informed of the territory proposed to be acquired.
16 (c) The municipal clerk shall certify the proposition to
17 the proper election officials, who shall submit the
18 proposition to the voters. The referendum shall appear on
19 the ballot at the same election as the referendum required in
20 Section 1-25. Except as otherwise provided in this Section,
21 the referendum must be conducted and notice given according
22 to the Election Code. The question submitted to the voters
23 at the election must be in substantially the following form:
24 Shall the (name of the county) have the authority to
25 acquire by condemnation open land that is situated within
26 the corporate boundaries of (name of the municipality)
27 for open space purposes?
28 The votes shall be recorded as "Yes" or "No".
29 (d) The election authority must include on the ballot
30 the description of the territory proposed to be acquired as
31 stated in the petition. If the election authority determines
32 that the description cannot be included within the space
33 limitations of the ballot, then the election authority must
34 prepare large printed copies of a notice of the public
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1 question that include the description. The notice must be
2 prominently displayed in the polling place of each precinct
3 in which the question is to be submitted.
4 (e) If a majority of the voters voting at the election
5 on the question vote in favor of the question, then the
6 county may acquire by condemnation open land that is situated
7 within the corporate boundaries of the municipality and
8 included in the open space plan recommended for adoption
9 under Section 1-25.
10 (f) The county may not acquire the property by
11 condemnation if (i) the corporate authorities of the
12 municipality deny the authority to acquire by condemnation
13 the property that is situated within its boundaries and the
14 referendum does not appear on the ballot at the election
15 specified in this Section or (ii) a referendum on the
16 proposition fails to receive the approval of a majority of
17 the voters voting on the question.
18 Section 1-40. Property contiguous to a municipality;
19 petition; referendum.
20 (a) If the open space plan recommended for adoption
21 under Section 1-25 contains property that is contiguous to
22 the corporate boundaries of one or more municipalities, then
23 the corporate authorities of any of those municipalities may,
24 within 30 days of the recommendation, vote to accede to the
25 county the acquisition by condemnation of its contiguous
26 property. If the corporate authorities of a municipality
27 fail to act within that 30-day period, then none of that
28 contiguous property included in the open space plan may be
29 acquired by condemnation. The municipalities' failure to act
30 constitutes a denial of authority to acquire the property by
31 condemnation.
32 (b) If, within 30 days of the decision of a municipality
33 to either authorize or deny the county the power to acquire
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1 by condemnation that contiguous property included in the open
2 space plan, a petition is filed with a municipal clerk
3 requesting that the question of whether the county shall be
4 granted the power to acquire property contiguous to the
5 corporate boundaries of the municipality by condemnation be
6 submitted to the voters, then the question shall be submitted
7 to the voters of the municipality in the form of a
8 proposition. The petition must be signed by at least 15% of
9 the registered voters of the municipality. The petition must
10 state the public question to be submitted and contain a
11 common description of the territory proposed to be acquired.
12 The description must describe the territory by reference to
13 streets, natural or artificial landmarks, addresses, or any
14 other method that would enable a voter signing the petition
15 to be informed of the territory proposed to be acquired.
16 (c) The municipal clerk shall certify the proposition to
17 the proper election officials, who shall submit the
18 proposition to the voters of the municipality. The
19 referendum must appear on the ballot at the same election as
20 the referendum required in Section 1-25. Except as otherwise
21 provided in this Section, the referendum must be conducted
22 and notice given according to the Election Code. The question
23 submitted to the voters at the election must be in
24 substantially the following form:
25 Shall the (name of the county) have the authority to
26 acquire by condemnation open land that is contiguous to
27 the corporate boundaries of (name of the municipality)
28 for open space purposes?
29 The votes shall be recorded as "Yes" or "No".
30 (d) The election authority must include on the ballot
31 the description of the territory proposed to be acquired as
32 set forth in the petition. If the election authority
33 determines that the description cannot be included within the
34 space limitations of the ballot, the election authority must
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1 prepare large printed copies of a notice of the public
2 question that includes the description. The notice must be
3 prominently displayed in the polling place of each precinct
4 in which the question is to be submitted.
5 (e) If a majority of those voting at the election vote
6 in favor of the question, then the county may acquire by
7 condemnation the open land that is contiguous to the
8 corporate boundaries of a municipality and included in the
9 open space plan recommended for adoption under Section 1-20.
10 (f) The county may not acquire the property by
11 condemnation if (i) the corporate authorities of the
12 municipality deny the power for the acquisition by
13 condemnation and the referendum does not appear on the ballot
14 at the election specified in this Section or (ii) the
15 proposition under this Section fails to receive the approval
16 of a majority of the voters.
17 Section 1-45. Resubmission of proposition to include
18 property. If a parcel of land cannot be acquired by
19 condemnation because it was not approved at an election under
20 either Section 1-35 or 1-40, then that parcel may again be
21 included in another proposition if (i) the procedures of
22 Section 1-30 relating to amendments that add property to
23 existing open space plans have been followed and (ii) not
24 less than 23 months have elapsed since the date of the
25 election at which the voters failed to approve the
26 acquisition of the parcel by condemnation.
27 Section 1-50. Powers. In a county or municipality in
28 which the establishment of an open space program has been
29 authorized by the voters under this Article, the governing
30 authority may exercise the following powers and duties to
31 carry out the purposes of this Article:
32 (1) Study and ascertain open space resources, the
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1 need for preserving those resources, and the extent to
2 which those needs are being currently met and prepare and
3 adopt a coordinated plan of open space areas to meet
4 those needs.
5 (2) Classify, designate, plan, develop, preserve,
6 administer, and maintain all opens space areas.
7 (3) Accept gifts, grants, bequests, contributions,
8 and appropriations of money and property for open space
9 purposes.
10 (4) Employ and fix the compensation of an executive
11 officer responsible to the governing authority for the
12 carrying out of its policies and grant to the officer the
13 power, subject to the authority's approval, to employ and
14 fix the compensation of employees necessary for carrying
15 out this Article.
16 (5) Charge and collect reasonable fees for the use
17 of the open space property, privileges, and conveniences
18 as may be provided.
19 (6) Police its open space property and exercise
20 police powers in respect to the property or in respect to
21 the enforcement of rules provided by the ordinances and
22 employ and commission police officers and other qualified
23 persons to enforce these rules.
24 (7) Undertake studies pertaining to the natural
25 history, archaeology, history, or conservation of open
26 space areas.
27 (8) Lease land for a period not longer than 50
28 years from the date of the lease to a responsible person,
29 firm, or corporation for construction, alteration,
30 renewal, equipment, furnishing, extension, operation, and
31 maintenance of related open space buildings and
32 facilities. In any lease of land leased under this
33 Section, upon the expiration of the lease title to all
34 structures on the leased land shall be vested in the
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1 applicable county or municipality.
2 (9) Lease any building or facility constructed,
3 reconstructed, altered, renewed, equipped, furnished,
4 extended, and maintained by the governing authority to a
5 responsible person, firm, or corporation for operation
6 and maintenance for a period not longer than 20 years
7 from the date of the lease.
8 (10) Dedicate its open lands as nature preserves
9 within the Illinois system of nature preserves as
10 provided in Section 1-15 of the Illinois Natural Areas
11 Preservation Act and cooperate with the Illinois Nature
12 Preserves Commission in matters relating to the purposes
13 of this Article.
14 Section 1-55. Acquisition of property.
15 (a) The governing authority may acquire by gift, legacy,
16 purchase, condemnation in the manner provided for the
17 exercise of the right of eminent domain under Article VII of
18 the Code of Civil Procedure, lease, agreement, or otherwise
19 the fee or any lesser right or interest in real property that
20 is open land and may hold that property with or without
21 public access for open space, scenic roadway, pathway,
22 outdoor recreation, or other conservation benefits. The
23 governing authority may not acquire by condemnation:
24 (1) Property that is used for farming or
25 agricultural purposes.
26 (2) Property that is situated outside of or
27 contiguous to one or more municipalities unless approval
28 to acquire the property by condemnation is obtained under
29 Section 1-35 or 1-40.
30 (3) Property upon which development has commenced.
31 (4) Property owned by a religious organization,
32 church, school, or charitable organization exempt from
33 federal taxation under Section 501(c)(3) of the Internal
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1 Revenue Code of 1986 or similar provisions of any
2 successor law, or any other organization controlled by or
3 affiliated with a religious organization, church, school,
4 or charitable organization.
5 (b) Real property is deemed used for farming or
6 agricultural purposes under this Article if it is more than
7 10 acres in area and devoted primarily to any of the
8 following objects:
9 (1) The raising and harvesting of crops.
10 (2) The feeding, breeding, and management of
11 livestock.
12 (3) Dairying.
13 (4) Any other agricultural or horticultural use or
14 combination of those uses with the intention of securing
15 substantial income from those activities and has been so
16 used for the 3 years immediately preceding the filing of
17 a condemnation action. Real property used for farming or
18 agricultural purposes includes land devoted to and
19 qualifying for payments or other compensation under a
20 soil conservation program under an agreement with a
21 federal agency and also includes the construction and use
22 of dwellings and other buildings customarily associated
23 with farming and agricultural uses when associated with
24 those uses.
25 (c) If acquisitions of open land or interests in open
26 land when combined with the holdings of other open space
27 lands equals 30% of the total acreage of the county or
28 municipality, as the case may be, then additional open land
29 may not be acquired by condemnation.
30 (d) A parcel of land that is included in an open space
31 plan that has not been acquired under this Section within 3
32 years, or within 2 years with respect to existing open space
33 programs, after the date of the passage of the referendum may
34 not thereafter be acquired by condemnation under this
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1 Section. If an action in condemnation to acquire the parcel,
2 however, is filed under this Section within that 3-year or
3 2-year period, as applicable, the parcel may be acquired by
4 condemnation even if the condemnation action may not be
5 concluded within the 3-year or 2-year period, as applicable.
6 If a parcel of land cannot be acquired by condemnation,
7 however, under subsection (a) because of its use for farming
8 or agricultural purposes, the applicable time period shall be
9 tolled until the date the parcel ceases to be used for
10 farming or agricultural purposes. The fee or any lesser
11 right or interest in real property that is open land,
12 however, may be acquired after the 3-year or 2-year period,
13 as applicable, by any means authorized under subsection (a)
14 other than condemnation.
15 (e) Property acquired for open space purposes under an
16 open space program as defined in this Article shall be valued
17 for real property taxation according to Section 10-155 of the
18 Property Tax Code.
19 Section 1-60. Borrowing money; bonds.
20 (a) The governing authority may borrow money and issue
21 bonds, after referendum, to acquire, develop, rehabilitate,
22 and renovate open lands for open space purposes under an open
23 space program in an amount not to exceed 5% on the valuation
24 of taxable property to be ascertained by the last assessment
25 for State and county taxes previous to the incurring of the
26 indebtedness. The tax levy and extension are subject to the
27 requirements of the Truth in Taxation Law and the Property
28 Tax Extension Limitation Law. Whenever the governing
29 authority desires to issue bonds under this Article, or
30 whenever the authority receives a petition requesting that
31 the authority issue bonds under this Article, the governing
32 authority, concurrently with the filing of a petition with
33 the its clerk requesting the submittal to the voters at the
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1 next election the question of whether or not to adopt an open
2 space plan and enter upon an open space program, shall
3 certify that bond authorization proposition to the proper
4 election officials. The petition must be signed by at least
5 10% of the registered voters of the county or municipality,
6 as the case may be. The election officials shall submit to
7 the voters at the next election the question of whether or
8 not the governing authority shall issue bonds to finance an
9 open space program and provide for the levy and collection of
10 a direct annual tax upon all its taxable property to meet the
11 principal and interest on the bonds as they mature. The
12 election must be conducted and notice given according to the
13 Election Code. The question submitted to the voters at the
14 election must be in substantially the following form:
15 Shall (name of the county or municipality) issue
16 bonds to finance the acquisition, maintenance,
17 development, rehabilitation, and renovation of open space
18 lands for open space purposes and levy and collect
19 property taxes sufficient to meet the principal and
20 interest on the bonds as they mature, but not in an
21 amount in excess of 5% on the valuation of taxable
22 property in (name of the county or municipality)?
23 The votes shall be recorded as "Yes" or "No".
24 (b) If a majority of the voters vote in favor of the
25 question, then the governing authority must issue bonds as
26 provided in this Article. The governing authority must then
27 adopt an ordinance or resolution authorizing the issuance of
28 the bonds that prescribes the details and states the time or
29 times when the principal and interest on the bonds become
30 payable and the place of payment of the bonds. The bonds must
31 be payable within not less than 3 nor more than 40 years from
32 the date of issuance and be issued to bear interest at not to
33 exceed the maximum rate authorized by the Bond Authorization
34 Act at the making of the contract. The ordinance or
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1 resolution shall provide for the levy and collection of a
2 direct annual tax upon all the taxable property within the
3 corporate limits of the county or municipality, as the case
4 may be, sufficient to meet the principal of and interest on
5 the bonds as they mature. A certified copy of the ordinance
6 or resolution providing for the issuance of bonds shall be
7 filed with the county clerk of the county and constitutes the
8 basis and authority of the county clerk for the extension and
9 collection of the tax necessary to pay the principal of and
10 interest upon the bonds issued under the resolution.
11 (c) If the proposition does not receive the approval of
12 a majority of the voters voting at the election on the
13 question, then a proposition may not be submitted to the
14 voters under this Section less than 23 months after the date
15 of the election.
16 Section 1-65. Report. Before March 31 of each calendar
17 year, the governing authority that has established an open
18 space program must file with its clerk a report describing
19 the actions taken by the authority to implement the open
20 space plan. This report shall include at least the following
21 information:
22 (1) The amount of taxes levied and received in the
23 preceding calendar year for the open space plan.
24 (2) The amount of monies spent in the preceding
25 calendar year in implementing the open space plan and the
26 specific purposes for which all monies were spent.
27 (3) The legal and common descriptions of all open
28 space lands acquired in the preceding calendar year.
29 (4) The purpose for which the open space land is
30 being used.
31 ARTICLE 5
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1 Section 5-1. Short title. This Article may be cited as
2 the Farmland Development Rights Law.
3 Section 5-5. Policy. The General Assembly finds the
4 transfer of development rights for farmland preservation to
5 be under sound community planning standards and declares
6 these transfers to be essential to public health, safety, and
7 welfare. This preservation mechanism furthers the more
8 efficient use of urban space at a time when this objective is
9 made urgent by the shrinking land base of urban areas, the
10 increasing incidence of large-scale planning, the occurrence
11 of comprehensive development in urban areas, and the
12 advancement of building technology.
13 Section 5-10. Definitions. As used in this Article:
14 "Development rights" means the rights granted under
15 applicable law to control whether and to what extent
16 improvements on land are constructed or modified.
17 "Development rights bank" means a reserve into which may
18 be deposited development rights associated with
19 publicly-owned and privately-owned areas.
20 "Governing authority" means the corporate authority of a
21 county, township, or municipality implementing a development
22 rights program under this Article.
23 "Preservation restriction" means a right, whether or not
24 stated in the form of a restriction, easement, covenant, or
25 condition, in any deed, will, or other instrument executed by
26 or on behalf of the owner of the land or in any order of
27 taking, appropriate to the preservation of areas, places,
28 buildings, or structures to forbid or limit acts of
29 demolition, alteration, use, or other acts detrimental to the
30 preservation of the areas, places, buildings, or structures
31 according to this Article.
32 "Unit of local government" means a county, township, or
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1 municipality.
2 Section 5-15. Powers. This Article may be administered
3 by the unit of local government or a designated governmental
4 entity, as provided by ordinance. The governing authority
5 may provide for farmland preservation by ordinance whether
6 the land is owned or controlled privately or by any public
7 body, to provide special conditions, to impose regulations
8 governing its use, and to adopt other additional measures
9 appropriate for the designated land's preservation,
10 protection, enhancement, rehabilitation, perpetuation, or
11 use, which additional measures may include, but are not
12 limited to the following provisions:
13 (1) Establishment of procedures authorizing owners
14 of designated farmland to transfer development rights in
15 an amount and subject to conditions as are appropriate to
16 secure the purposes of this Article. Any special
17 conditions, regulations, or other measures, must, if
18 adopted in the exercise of the police power, be
19 reasonable and appropriate to the preservation,
20 protection, enhancement, rehabilitation, perpetuation, or
21 use of the development rights, as designated by law, or,
22 if constituting a taking of private property, shall
23 provide for due and just compensation.
24 (2) The making of leases and subleases (either as
25 lessee or lessor of property) for periods and upon terms
26 as the unit of local government deems appropriate.
27 (3) Inducing, by contract or other consideration,
28 the creation of covenants or restrictions binding the
29 land.
30 (4) The acquisition by purchase or eminent domain
31 of a fee or lesser interest, including a preservation
32 restriction, in property so designated.
33 (5) The deposit in a development rights bank of the
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1 development rights associated with the property.
2 (6) The operation or transfer by the municipality
3 of property so acquired or the transfer of any
4 development rights so acquired.
5 (7) Appropriate and reasonable control of the use
6 or appearance of adjacent and immediately surrounding
7 private property within public view.
8 (8) Acquisition by eminent domain or by other
9 contract or conveyance of immediately surrounding private
10 property, or any part or interest in the property, the
11 alteration or clearance of which is important for the
12 proper preservation or use of the designated property.
13 (9) Cooperative relations, including gifts,
14 contracts, and conveyances appropriate to the purposes of
15 this Article by and between the unit of local government
16 and any other governmental unit and by and between the
17 unit of local government and not-for-profit organizations
18 that have as one of their objects the preservation or
19 enhancement of farmland.
20 (10) Acceptance and administration by the unit of
21 local government of funds or property transferred on
22 trust to the unit of local government by an individual,
23 corporation, or other governmental or private entity for
24 the purpose of aiding, either in general or in connection
25 with some specific designated property, the preservation
26 or enhancement of farmland.
27 Section 5-20. Development rights.
28 (a) Development rights may be calculated according to
29 criteria stated under local law for this purpose.
30 (b) A preservation restriction shall not be
31 unenforceable due to the lack of privity of estate or
32 contract, the lack of benefit to particular land, or the
33 benefit being assignable or being assigned.
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1 (c) A transfer of development rights is the transfer
2 from an area of all or a portion of the development rights
3 applicable to the property, subject to controls necessary to
4 secure the purposes of this Article.
5 (d) A governing authority or its governmental designees
6 may (i) accept, for deposit within the development rights
7 bank, gifts, donations, bequests, or other transfers of
8 development rights from the owners of farmland and (ii)
9 deposit in the bank development rights associated with all of
10 the following provisions:
11 (1) Government owned farmland.
12 (2) Privately-owned farmland in respect of which
13 the unit of local government has acquired a development
14 right.
15 All transfers of development rights from the development
16 rights bank are subject to the unit of local government's
17 requirements concerning the transfer of real property.
18 Receipts arising from the transfers must be deposited into a
19 special governmental account to be applied against
20 expenditures necessitated by the governmental development
21 rights program.
22 Section 5-25. Borrowing money; bonds.
23 (a) The governing authority may borrow money and issue
24 bonds, after referendum, to acquire development rights and
25 levy a tax in an amount not to exceed 5% on the valuation of
26 taxable property to be ascertained by the last assessment for
27 State and county taxes previous to the incurring of the
28 indebtedness. The tax levy and extension are subject to the
29 requirements of the Truth in Taxation Law and the Property
30 Tax Extension Limitation Law. Whenever the governing
31 authority desires to issue bonds under this Article, or
32 whenever the authority receives a petition requesting that
33 the authority issue bonds under this Article, the governing
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1 authority shall certify to the proper election officials the
2 question of whether or not to issue bonds and impose a tax
3 levy to retire the bonds. A petition must be signed by at
4 least 10% of the registered voters of the unit of local
5 government. The election officials shall submit to the
6 voters at the next election the question of whether or not
7 the governing authority shall issue bonds to acquire
8 development rights and provide for the levy and collection of
9 a direct annual tax upon all its taxable property to meet the
10 principal and interest on the bonds as they mature. The
11 election must be conducted and notice given according to the
12 Election Code. The question submitted to the voters at the
13 election must be in substantially the following form:
14 Shall (name of the unit of local government) issue
15 bonds to finance the acquisition of development rights
16 and levy and collect property taxes sufficient to meet
17 the principal and interest on the bonds as they mature,
18 but not in an amount in excess of 5% on the valuation of
19 taxable property in (name of the unit of local
20 government)?
21 The votes shall be recorded as "Yes" or "No".
22 (b) If a majority of the voters vote in favor of the
23 question, then the governing authority must issue bonds as
24 provided in this Article. The governing authority must then
25 adopt an ordinance or resolution authorizing the issuance of
26 the bonds that prescribes the details and states the time or
27 times when the principal and interest on the bonds become
28 payable and the place of payment of the bonds. The bonds must
29 be payable within not less than 3 nor more than 40 years from
30 the date of issuance and be issued to bear interest at not to
31 exceed the maximum rate authorized by the Bond Authorization
32 Act at the making of the contract. The ordinance or
33 resolution shall provide for the levy and collection of a
34 direct annual tax upon all the taxable property within the
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1 corporate limits of the unit of local government sufficient
2 to meet the principal of and interest on the bonds as they
3 mature. A certified copy of the ordinance or resolution
4 providing for the issuance of bonds shall be filed with the
5 county clerk of the county and constitutes the basis and
6 authority of the county clerk for the extension and
7 collection of the tax necessary to pay the principal of and
8 interest upon the bonds issued under the resolution.
9 (c) If the proposition does not receive the approval of
10 a majority of the voters voting at the election on the
11 question, then a proposition may not be submitted to the
12 voters under this Section less than 23 months after the date
13 of the election.
14 Section 5-30. Notice of action. After due notice to the
15 owner and an opportunity to be heard at a public hearing, a
16 unit of local government may direct a private owner to do or
17 refrain from doing any specific thing or refuse to permit a
18 private owner to do some specific thing the owner desires to
19 do, in connection with property designated by ordinance under
20 this Article. If the action is taken by administrative
21 decision as defined in Section 3-101 of the Code of Civil
22 Procedure, it is subject to judicial review under the
23 Administrative Review Law.
24 Section 5-35. Public easements; valuation. An
25 encumbrance or restriction imposed upon designated property
26 under Section 5-15 is a public easement, and any depreciation
27 occasioned by these encumbrances or restrictions may be
28 deducted in the valuation of the property according to
29 subsection (c) of Section 4 of Article IX of the Illinois
30 Constitution.