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91_HB1877ham003
LRB9105240PTpkam02
1 AMENDMENT TO HOUSE BILL 1877
2 AMENDMENT NO. . Amend House Bill 1877 by replacing
3 everything after the enacting clause with the following:
4 "Section 1-1. Short title. This Article may be cited as
5 the County and Municipal Open Space Law.
6 Section 1-5. Policy. The General Assembly finds that
7 movements and shifts of population and changes in
8 residential, commercial, and industrial use and customs
9 threaten the disappearance of open space areas having special
10 community value, and that the preservation of these open
11 space areas is necessary and desirable to sound community
12 planning and to the welfare of community residents. The
13 granting of the powers provided in this Article is directed
14 to the preservation of open space property and is declared to
15 be a public use essential to the public interest.
16 Section 1-10. Definitions. As used in this Article:
17 "Development of real property" means the constructing,
18 installing, planting, or creating of any permanent or
19 temporary improvement of real property. "Development" of
20 property is deemed to have commenced if all of the following
21 provisions are met:
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1 (1) At least 30 days before the adoption of an open
2 space plan, an application for a preliminary plan or
3 preliminary planned unit development has been filed with
4 the applicable governmental entity or, if neither is
5 required, a building permit has been obtained at least 30
6 days before the filing of the petition.
7 (2) Mass grading of the property has commenced.
8 (3) Within 180 days of the date the open space plan
9 is recommended for approval by the governing authority,
10 the installation of public improvements has commenced.
11 "Governing authority" means the corporate authority of a
12 county or municipality implementing an open space plan.
13 "Municipality" has the meaning provided in Section 1 of
14 Article VII of the Illinois Constitution.
15 "Open land" or "open space" means any space or area of
16 land or water of an area of 50 acres or more where the
17 preservation or the restriction of development or use of
18 which would accomplish one or more of the following purposes:
19 (1) Maintain or enhance the conservation of natural
20 or scenic resources.
21 (2) Protect natural streams or water supply.
22 (3) Promote conservation of soils, wet lands, or
23 shores.
24 (4) Afford or enhance public outdoor recreation
25 opportunities.
26 (5) Preserve flora and fauna, geological features,
27 historic sites, or other areas of educational or
28 scientific interest.
29 (6) Preserve prime farmland.
30 (7) Enhance the value to the public of abutting or
31 neighboring highways, parks, or other public lands.
32 (8) Implement the plan of development adopted by
33 the planning commission of any municipality or county.
34 (9) Promote orderly urban or suburban development.
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1 "Open space plan" means the written plan adopted or
2 amended by the governing authority to implement an open space
3 program.
4 "Open space program" means the purchase, lease, or
5 acceptance of the fee or of a lesser right or interest in
6 tracts of open land by the county or municipality for open
7 space purposes.
8 "Open space purposes" means:
9 (1) The preservation and maintenance of open land,
10 scenic roadways, and pathways.
11 (2) The holding of real property described in
12 paragraph (1) with or without public access for the
13 education, pleasure, and recreation of the public or for
14 other open space values.
15 (3) The management and use of that property in a
16 manner and with restrictions that will leave it
17 unimpaired for the benefit of future generations.
18 (4) The preservation of prime farmland.
19 (5) Otherwise promoting the conservation of the
20 nature, flora and fauna, natural environment, and natural
21 resources of the county or municipality.
22 Section 1-15. Open space plan.
23 (a) A county or municipality desiring to enter upon an
24 open space program may do so only after adoption of an open
25 space plan.
26 (b) A proposed open space plan must meet all of the
27 following requirements:
28 (1) Identify all open land that the purchase,
29 lease, or acceptance of which is deemed necessary to
30 accomplish the purposes of the open space program.
31 (2) State the ways in which the purchase, lease, or
32 acceptance of open land will further open space purposes.
33 (3) State the estimated costs of implementing the
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1 proposed plan.
2 (4) State the approximate tax, if any, per $100 of
3 assessed value, that will be levied to provide the
4 necessary funds for implementing the proposed plan.
5 (5) State the estimated timetable for implementing
6 the proposed plan.
7 (6) Establish standards and procedures for
8 establishing priorities for the purchase, lease, or
9 acceptance of parcels identified in the plan.
10 Section 1-20. Public hearing.
11 (a) Before adopting an open space plan or an amendment
12 to a plan, the governing authority of the county or
13 municipality must (i) conduct a public hearing on the plan or
14 amendment and (ii) recommend adoption of the open space plan.
15 (b) The governing authority must prepare a notice of the
16 public hearing stating the date, time, place, and purpose of
17 the hearing. The county or municipal clerk, as the case may
18 be, must publish the notice in a newspaper of general
19 circulation in the respective county or municipality not less
20 than 15 nor more than 30 days before the date of the hearing.
21 The clerk also must send notice of the hearing by registered
22 or certified mail, return receipt requested, not less than 20
23 days before the hearing, to the owners of property being
24 recommended for purchase, lease, or acceptance and
25 designation as open space under the proposed open space plan.
26 The owners shall be those parties identified on the most
27 current real estate tax assessment rolls for the county in
28 which the territory is located as being the parties to whom
29 current real estate tax bills are being sent. A copy of the
30 proposed plan also must be filed with the clerk, who must
31 make it available to the general public for inspection after
32 publication of the notice of public hearing.
33 (c) At the public hearing, all persons desiring to offer
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1 statements or other evidence in support of or in opposition
2 to the proposed plan must be afforded an opportunity to do so
3 orally, in writing, or both.
4 (d) Within 60 days after the public hearing, the
5 governing authority must consider all of the evidence and may
6 recommend adoption or rejection of the proposed open space
7 plan in whole or in part. The governing authority's
8 recommendation must be in writing. If the governing
9 authority does not recommend adoption or rejection of the
10 proposed open space plan, then the open space plan may not be
11 subsequently adopted unless another public hearing is held
12 and notice given as provided in this Section.
13 Section 1-25. Amendment or addition to plan; release.
14 (a) If the governing authority recommends any amendments
15 or additions to a plan after its adoption, then property that
16 is the subject of the amendment or addition may not be
17 purchased, leased, or accepted until the revised plan is
18 approved.
19 (b) The governing authority may release a specified
20 parcel of land from an open space plan and allow the
21 development of the parcel to occur. Once development has
22 commenced, however, the land is no longer eligible for
23 purchase, lease, or acceptance as an open space area.
24 Section 1-30. Powers. In a county or municipality in
25 which the establishment of an open space program has been
26 authorized, the governing authority may exercise the
27 following powers and duties to carry out the purposes of this
28 Article:
29 (1) Study and ascertain open space resources, the
30 need for preserving those resources, and the extent to
31 which those needs are being currently met and prepare and
32 adopt a coordinated plan of open space areas to meet
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1 those needs.
2 (2) Classify, designate, plan, develop, preserve,
3 administer, and maintain all opens space areas.
4 (3) Accept gifts, grants, bequests, contributions,
5 and appropriations of money and property for open space
6 purposes.
7 (4) Employ and fix the compensation of employees.
8 (5) Charge and collect reasonable fees for the use
9 of the open space property, privileges, and conveniences
10 as may be provided.
11 (6) Police its open space property.
12 (7) Lease land for a period not longer than 50
13 years from the date of the lease to a responsible person,
14 firm, or corporation.
15 (8) Lease any building or facility to a responsible
16 person, firm, or corporation for operation and
17 maintenance for a period not longer than 20 years from
18 the date of the lease.
19 (9) Dedicate its open lands as nature preserves
20 within the Illinois system of nature preserves as
21 provided in Section 1-15 of the Illinois Natural Areas
22 Preservation Act and cooperate with the Illinois Nature
23 Preserves Commission in matters relating to the purposes
24 of this Article.
25 Section 1-35. Acquisition of property.
26 (a) The governing authority may acquire by gift, legacy,
27 purchase, lease, or agreement, the fee or any lesser right or
28 interest in real property that is open land and may hold that
29 property for open space, scenic roadway, pathway, outdoor
30 recreation, or other conservation benefits.
31 (b) Property purchased, leased, or accepted for open
32 space purposes under an open space program as defined in this
33 Article shall be valued for real property taxation according
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1 to Section 10-155 of the Property Tax Code.
2 Section 1-40. Borrowing money; bonds.
3 (a) The governing authority may borrow money and issue
4 bonds, after referendum, to purchase, lease, develop,
5 rehabilitate, and renovate open lands for open space purposes
6 under an open space program in an amount not to exceed 5% on
7 the valuation of taxable property within the governing
8 authority's land area to be ascertained by the last
9 assessment for State and county taxes previous to the
10 incurring of the indebtedness. The tax levy and extension are
11 subject to the requirements of the Truth in Taxation Law and
12 the Property Tax Extension Limitation Law. Whenever the
13 governing authority desires to issue bonds under this
14 Article, or whenever the authority receives a petition
15 requesting that the authority issue bonds under this Article,
16 the governing authority shall certify that bond authorization
17 proposition to the proper election officials. The election
18 officials shall submit to the voters at the next election the
19 question of whether or not the governing authority shall
20 issue bonds to finance an open space program and provide for
21 the levy and collection of a direct annual tax upon all its
22 taxable property to meet the principal and interest on the
23 bonds as they mature. The election must be conducted and
24 notice given according to the Election Code. The question
25 submitted to the voters at the election must be in
26 substantially the following form:
27 Shall (name of the county or municipality) issue
28 bonds to finance the purchase, lease, maintenance,
29 development, rehabilitation, and renovation of open space
30 lands for open space purposes and levy and collect
31 property taxes sufficient to meet the principal and
32 interest on the bonds as they mature, but not in an
33 amount in excess of 5% on the valuation of taxable
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1 property in (name of the county or municipality)?
2 The votes shall be recorded as "Yes" or "No".
3 (b) If a majority of the voters vote in favor of the
4 question, then the governing authority may issue bonds as
5 provided in this Article. The governing authority must then
6 adopt an ordinance or resolution authorizing the issuance of
7 the bonds that prescribes the details and states the time or
8 times when the principal and interest on the bonds become
9 payable and the place of payment of the bonds. The bonds must
10 be payable within not less than 3 nor more than 40 years from
11 the date of issuance and be issued to bear interest at not to
12 exceed the maximum rate authorized by the Bond Authorization
13 Act at the making of the contract. The ordinance or
14 resolution shall provide for the levy and collection of a
15 direct annual tax upon all the taxable property within the
16 corporate limits of the county or municipality, as the case
17 may be, sufficient to meet the principal of and interest on
18 the bonds as they mature. A certified copy of the ordinance
19 or resolution providing for the issuance of bonds shall be
20 filed with the county clerk of the county and constitutes the
21 basis and authority of the county clerk for the extension and
22 collection of the tax necessary to pay the principal of and
23 interest upon the bonds issued under the resolution.
24 (c) If the proposition does not receive the approval of
25 a majority of the voters voting at the election on the
26 question, then a proposition may not be submitted to the
27 voters under this Section less than 23 months after the date
28 of the election.
29 Section 1-45. Report. Before March 31 of each calendar
30 year, the governing authority that has established an open
31 space program must file with its clerk a report describing
32 the actions taken by the authority to implement the open
33 space plan. This report shall include at least the following
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1 information:
2 (1) The amount of taxes levied and received in the
3 preceding calendar year for the open space plan.
4 (2) The amount of monies spent in the preceding
5 calendar year in implementing the open space plan and the
6 specific purposes for which all monies were spent.
7 (3) The legal and common descriptions of all open
8 space lands purchased, leased, or accepted in the
9 preceding calendar year.
10 (4) The purpose for which the open space land is
11 being used.".