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| | HB3642 Engrossed | | LRB103 30637 AWJ 57091 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Township Code is amended by changing |
| 5 | | Sections 115-5, 115-55, 115-90, and 115-95 and by adding |
| 6 | | Section 115-97 as follows:
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| 7 | | (60 ILCS 1/115-5)
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| 8 | | Sec. 115-5. Definitions. As used in this Article, unless |
| 9 | | the context
otherwise requires:
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| 10 | | "Board" means the township board in counties having a |
| 11 | | population of more
than 150,000.
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| 12 | | "Development of real property" means the constructing, |
| 13 | | installing,
planting or creating of any permanent or temporary |
| 14 | | improvement of real
property that has been acquired for open |
| 15 | | space purposes.
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| 16 | | "Open land" or "open space" means any space or area of land |
| 17 | | or water of an
area of 25 50 acres or more, the preservation or |
| 18 | | the restriction of development or
use of which would (i) |
| 19 | | maintain or enhance the conservation of natural or
scenic |
| 20 | | resources;
(ii) protect natural streams or water supply; (iii) |
| 21 | | promote conservation of
soils, wet lands, or shores; (iv) |
| 22 | | afford or enhance public outdoor recreation
opportunities; (v) |
| 23 | | preserve flora and fauna, geological features, historic
sites, |
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| 1 | | or other areas of educational or scientific interest; (vi) |
| 2 | | enhance the
value to the public of abutting or neighboring |
| 3 | | highways, parks, or other public
lands; (vii) implement the |
| 4 | | plan of development adopted by the planning
commission of any |
| 5 | | municipality or county; or (viii) promote orderly urban or
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| 6 | | suburban development. A township at any time may release a |
| 7 | | specified parcel of
land from an open space plan and allow the |
| 8 | | development of the parcel to occur.
Once development (as |
| 9 | | defined in Section 115-55) has commenced, the land shall
no |
| 10 | | longer be eligible for acquisition as open space or open land.
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| 11 | | "Open space plan" means the written plan adopted by the |
| 12 | | board to implement
an open space program and includes properly |
| 13 | | adopted amendments or additions to
the plan.
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| 14 | | "Open space program" means the acquisition of the fee or |
| 15 | | of a lesser right or
interest in tracts of open land in the |
| 16 | | township for open space purposes.
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| 17 | | "Open space purposes" includes (i) the preservation and |
| 18 | | maintenance of open
land, scenic roadways, and pathways; (ii) |
| 19 | | the holding of real property
described in clause (i), with or |
| 20 | | without public access, for the education,
pleasure, and |
| 21 | | recreation of the public or for other open space values; (iii)
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| 22 | | the preservation of portions of that property in their natural |
| 23 | | condition and
the development of other portions of that |
| 24 | | property, including development for agricultural purposes; |
| 25 | | (iv) the management and use
of that property in a manner and |
| 26 | | with restrictions that will leave it
unimpaired for the |
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| 1 | | benefit of future generations; and (v) otherwise promoting
the |
| 2 | | conservation of the nature, flora and fauna, natural |
| 3 | | environment, and
natural resources of the township.
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| 4 | | (Source: P.A. 91-641, eff. 8-20-99.)
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| 5 | | (60 ILCS 1/115-55)
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| 6 | | Sec. 115-55. Acquisition of open land. |
| 7 | | (a) The board may acquire by gift, legacy, purchase,
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| 8 | | condemnation in the manner provided for the exercise of the |
| 9 | | right of eminent
domain under the Eminent Domain Act and |
| 10 | | except as
otherwise provided in this subsection, lease, |
| 11 | | agreement, or
otherwise the fee or any lesser right or |
| 12 | | interest in real property that is open
land and may hold that |
| 13 | | property with or without public access for open space,
scenic |
| 14 | | roadway, pathway, outdoor recreation, or other conservation |
| 15 | | benefits.
No township in a county having a population of more |
| 16 | | than 150,000 but not more
than 250,000 has authority under |
| 17 | | this Article to acquire property by
condemnation, and
no other |
| 18 | | township has authority under this Article to acquire
by |
| 19 | | condemnation
(i) property that is used for farming or |
| 20 | | agricultural purposes; (ii) property
that is situated within |
| 21 | | the corporate limits of a municipality or contiguous to
one or |
| 22 | | more municipalities unless approval to acquire the property by
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| 23 | | condemnation is obtained under Section 115-30 or 115-35; (iii) |
| 24 | | property upon
which development has commenced; or (iv) |
| 25 | | property owned by a religious
organization, church, school, or |
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| 1 | | charitable organization exempt from federal
taxation under |
| 2 | | Section 501(c)(3) of the Internal Revenue Code of 1986 or
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| 3 | | similar provisions of any successor law, or any other |
| 4 | | organization controlled
by or affiliated with such a religious |
| 5 | | organization, church, school, or
charitable organization.
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| 6 | | (a-5) Open land acquired in fee for an open space plan by a |
| 7 | | township must be held by the township, unless leased or |
| 8 | | disposed of as provided in Sections 115-90, 115-95, and |
| 9 | | 115-97, and used by the township or lessee for open space |
| 10 | | purposes. |
| 11 | | (b) For purposes of this Section:
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| 12 | | (1) "Development" of property is deemed to have |
| 13 | | commenced if (i) at least
30 days before the filing of a |
| 14 | | petition under Section 115-10, an application
for a |
| 15 | | preliminary plan or preliminary planned unit development |
| 16 | | has been filed
with the applicable governmental entity or, |
| 17 | | if neither is required, a building
permit has been |
| 18 | | obtained at least 30 days before the filing of a petition |
| 19 | | under
Section 115-10; (ii) mass grading of the property |
| 20 | | has commenced; and (iii)
within 180 days of the date the |
| 21 | | open space plan is recommended for approval by
the board |
| 22 | | under Section 115-5 or by petition of the voters under |
| 23 | | Section
115-20, 115-30, or 115-35, the installation of |
| 24 | | public improvements has
commenced.
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| 25 | | (2) "Contiguous" means contiguous for purposes of |
| 26 | | annexation under Article
7 of the Illinois Municipal Code.
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| 1 | | (3) Real property is deemed used for farming or |
| 2 | | agricultural purposes if
it is more than 10 acres in area |
| 3 | | and devoted primarily to (i) the raising and
harvesting of |
| 4 | | crops, (ii) the feeding, breeding, and management of |
| 5 | | livestock,
(iii) dairying, or (iv) any other agricultural |
| 6 | | or horticultural use or
combination of those uses, with |
| 7 | | the intention of securing substantial income
from those |
| 8 | | activities, and has been so used for the 3 years |
| 9 | | immediately
preceding the filing of a condemnation action. |
| 10 | | Real property used for farming
or agricultural purposes |
| 11 | | includes land devoted to and qualifying for payments
or |
| 12 | | other compensation under a soil conservation program under |
| 13 | | an agreement with
an agency of the federal government and |
| 14 | | also includes the construction and use
of dwellings and |
| 15 | | other buildings customarily associated with farming and
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| 16 | | agricultural uses when associated with those uses.
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| 17 | | (c) If a township's acquisitions of open land, or |
| 18 | | interests
in open land when combined with other lands in the |
| 19 | | township held for open
space purposes by other governmental |
| 20 | | entities, equals 30% of the total
acreage of the township, |
| 21 | | then the township may not acquire additional open
land by |
| 22 | | condemnation.
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| 23 | | (d) Any parcel of land that is included in an open space |
| 24 | | plan adopted by a
township that has not been acquired by the |
| 25 | | township under this Section within 3
years, or within 2 years |
| 26 | | with respect to existing open space programs, after
the later |
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| 1 | | of (i) July 29, 1988, or (ii) the date of the passage of the
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| 2 | | referendum may not thereafter be acquired by condemnation by |
| 3 | | the township under
this Section, except that if an action in |
| 4 | | condemnation to acquire the parcel is
filed under this Section |
| 5 | | within that 3 year or 2 year period, as applicable,
the parcel |
| 6 | | may be acquired by condemnation by the township |
| 7 | | notwithstanding the
fact that the condemnation action may not |
| 8 | | be concluded within the 3 year or 2
year
period, as applicable. |
| 9 | | Notwithstanding the foregoing, if a parcel of land
cannot be |
| 10 | | acquired by condemnation under subsection (a) because of its |
| 11 | | use for
farming or agricultural purposes, the 3 year or 2 year |
| 12 | | period, as applicable,
shall be tolled until the date the |
| 13 | | parcel ceases to be used for farming or
agricultural purposes. |
| 14 | | Notwithstanding the foregoing, the fee or any lesser
right or |
| 15 | | interest in real property that is open land may be acquired |
| 16 | | after the
3 year or 2 year period, as applicable, by any means |
| 17 | | authorized under
subsection (a) other than condemnation.
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| 18 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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| 19 | | (60 ILCS 1/115-90)
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| 20 | | Sec. 115-90. Lease of lands. The board may lease open |
| 21 | | space that is a part of the township's open space plan land for |
| 22 | | a period not
longer than 50 years from the date of the lease to |
| 23 | | an individual, a nonprofit organization, the federal |
| 24 | | government, a state government, or a local government a |
| 25 | | responsible person, firm,
or corporation for construction, |
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| 1 | | reconstruction, alteration, renewal,
equipment, furnishing, |
| 2 | | extension, development, operation and maintenance of
lodges, |
| 3 | | housekeeping and sleeping cabins, swimming pools, golf |
| 4 | | courses,
campgrounds, sand beaches, marinas, agricultural |
| 5 | | purposes, convention and entertainment centers, roads
and |
| 6 | | parking areas, and other related buildings and facilities. In |
| 7 | | any lease of
land leased under this Section, upon expiration |
| 8 | | of the lease title to all
structures on the leased land shall |
| 9 | | be vested in the township. The changes made to this Section by |
| 10 | | this amendatory Act of the 103rd General Assembly do not |
| 11 | | affect any lease entered into on or before the effective date |
| 12 | | of this amendatory Act of the 103rd General Assembly.
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| 13 | | (Source: P.A. 88-670, eff. 12-2-94.)
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| 14 | | (60 ILCS 1/115-95)
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| 15 | | Sec. 115-95. Lease of buildings or facilities. The board |
| 16 | | may lease to an individual, a nonprofit organization, the |
| 17 | | federal government, a state government, or a local government |
| 18 | | any
building or facility constructed, reconstructed, altered, |
| 19 | | renewed, equipped,
furnished, extended, developed, and |
| 20 | | maintained by the township on open space that is a part of the |
| 21 | | township's open space plan to a responsible
person, firm, or |
| 22 | | corporation for operation or development, or both, and
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| 23 | | maintenance for a period not longer than 20 years from the date |
| 24 | | of the lease. The changes made to this Section by this |
| 25 | | amendatory Act of the 103rd General Assembly do not affect any |
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| 1 | | lease entered into on or before the effective date of this |
| 2 | | amendatory Act of the 103rd General Assembly.
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| 3 | | (Source: P.A. 88-670, eff. 12-2-94.)
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| 4 | | (60 ILCS 1/115-97 new) |
| 5 | | Sec. 115-97. Disposition of open space. |
| 6 | | (a) A township board may not sell, convey, donate, or |
| 7 | | otherwise dispose of any part of open space without referendum |
| 8 | | approval by the majority of the voters of the township voting |
| 9 | | on the question at a regular election. The board may certify |
| 10 | | the question of disposition of property to the appropriate |
| 11 | | election authority only if the board approves the question by |
| 12 | | at least a two-thirds majority of the board members. The |
| 13 | | referendum shall be conducted consistent with the referendum |
| 14 | | procedures under Section 115-20. |
| 15 | | (b) Notwithstanding any other provision of law, if a |
| 16 | | township dissolves or is consolidated or merged or the |
| 17 | | boundaries of the township are altered, any open space |
| 18 | | affected by that action shall continue to be used as required |
| 19 | | in the open space plan unless the open space is disposed of |
| 20 | | using the same procedures required under subsection (a) by the |
| 21 | | board of the unit of local government in control of that open |
| 22 | | space.
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