2023 Illinois Compiled Statutes › Chapter 60 - TOWNSHIPS › 60 ILCS 1/ - Township Code. › Article 115 - Township Open Space

(60 ILCS 1/Art. 115 heading)
ARTICLE 115.  
		TOWNSHIP
OPEN SPACE
(60 ILCS 1/115-5)
Sec. 115-5. 
		Definitions. 
		As used in this Article, unless the context
otherwise requires:
"Board" means the township board in counties having a population of more
than 150,000.
"Development of real property" means the constructing, installing,
planting or creating of any permanent or temporary improvement of real
property that has been acquired for open space purposes.
"Open land" or "open space" means any space or area of land or water of an
area of 50 acres or more, the preservation or the restriction of development or
use of which would (i) maintain or enhance the conservation of natural or
scenic resources;
(ii) protect natural streams or water supply; (iii) promote conservation of
soils, wet lands, or shores; (iv) afford or enhance public outdoor recreation
opportunities; (v) preserve flora and fauna, geological features, historic
sites, or other areas of educational or scientific interest; (vi) enhance the
value to the public of abutting or neighboring highways, parks, or other public
lands; (vii) implement the plan of development adopted by the planning
commission of any municipality or county; or (viii) promote orderly urban or
suburban development. A township at any time may release a specified parcel of
land from an open space plan and allow the development of the parcel to occur.
Once development (as defined in Section 115-55) has commenced, the land shall
no longer be eligible for acquisition as open space or open land.
"Open space plan" means the written plan adopted by the board to implement
an open space program and includes properly adopted amendments or additions to
the plan.
"Open space program" means the acquisition of the fee or of a lesser right or
interest in tracts of open land in the township for open space purposes.
"Open space purposes" includes (i) the preservation and maintenance of open
land, scenic roadways, and pathways; (ii) the holding of real property
described in clause (i), with or without public access, for the education,
pleasure, and recreation of the public or for other open space values; (iii)
the preservation of portions of that property in their natural condition and
the development of other portions of that property; (iv) the management and use
of that property in a manner and with restrictions that will leave it
unimpaired for the benefit of future generations; and (v) otherwise promoting
the conservation of the nature, flora and fauna, natural environment, and
natural resources of the township.
(Source: P.A. 91-641, eff. 8-20-99.)
(60 ILCS 1/115-10)
Sec. 115-10. Open space plan; petition.
(a) A board desiring to enter upon an open space program may do so only
after adoption of an open space plan under Section 115-15.  The board shall
commence preparation of an open space plan under that Section only upon the
filing with the township clerk of a petition signed by not less than 5% or 50,
whichever is greater, of the registered voters of the township (according to
the voting registration records at the time the petition is filed) recommending
that the board commence preparation of an open space plan. Within 5 business days after the filing of the petition, the township clerk shall provide public notice of the existence of the filed petition in the same manner as notices of meetings of the township board are provided.  A hearing shall be conducted no less than 30 days after the filing of the petition to determine the validity of the petition, which may be challenged in accordance with the general election law.
(b) A proposed open space plan shall (i) identify all open land within
the township that the board deems necessary to acquire in order to
accomplish the purposes of the open space program; (ii) state the ways in
which the acquisition of open land will further open space purposes; (iii)
state the estimated costs of implementing the proposed plan; (iv) state the
approximate tax, per $100 of assessed value, that will be levied to provide the
necessary funds for implementing the proposed plan; (v) state the estimated
timetable for implementing the proposed plan; and (vi) establish standards and
procedures for establishing priorities for the acquisition of parcels
identified in the plan.
(Source: P.A. 94-622, eff. 8-18-05.)
(60 ILCS 1/115-15)
Sec. 115-15. 
		Public hearing.
(a) Before adopting an open space plan or an amendment to a plan, the board
shall conduct a public hearing on the plan or amendment, recommend adoption of
the open space plan or receive a recommendation by petition of the voters of
the township under Section 115-20 that the open space plan be adopted, and
submit the question of adoption of the open space plan to the township voters
under Section 115-20.
(b) The board shall cause to be prepared a notice of the public hearing
stating the date, time, place, and purpose of the hearing.  The township clerk
shall cause the notice to be published in a newspaper of general circulation in
the township not less than 15 nor more than 30 days before the date of the
hearing.  The township clerk also shall send notice of the hearing by
registered or certified mail, return receipt requested, not less than 20 days
before the hearing, to the owners of property being recommended for acquisition
and designation as open space or open land under the proposed open space plan.
Those owners shall be those parties identified on the most current real estate
tax assessment rolls for the county in which the township is located as being
the parties to whom current real estate tax bills are being sent.  A copy of
the proposed plan also shall be filed with the township clerk, who shall make
it available to the general public for inspection after publication of the
notice of public hearing.
(c) At the public hearing, all persons desiring to offer statements or other
evidence in support of or in opposition to the proposed plan shall be afforded
an opportunity to do so orally, in writing, or both.
(d) Within 60 days after the public hearing, the board shall consider
all of the evidence before it and may, based upon that evidence, recommend
adoption or rejection of the proposed open space plan in whole or in
part.  The board's recommendation shall be in writing.  If the board does not
recommend adoption or rejection of the proposed open space plan, or if a
petition from the voters of the township recommending adoption of the open
space plan is not filed with the township clerk within 60 days after the public
hearing, the open space plan may not be subsequently adopted unless another
public hearing is held and notice given as provided in this Section.  A
recommendation by the board or by petition under this subsection (d) to adopt
an open space plan shall be made no later than 138 days before the next regular
election in order for the question of the adoption of the open space plan to
appear on the ballot at that election.  If the question of the adoption of the
open space plan does not appear on the ballot, the open space plan may not be
subsequently adopted unless another public hearing is held and notice given
under this Section.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-20)
Sec. 115-20. Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space plan, or if a
subsequent petition is filed by not less than 5% or 50, whichever is greater, of the
registered voters of the township (according to the voting registration records
at the time the petition is filed) recommending adoption of the open space
plan, then the Board, within 30 days of making of the recommendation or the
approval of the petition, shall file a petition with the township clerk,
requesting the clerk to submit to the voters of the township the question of
whether the township shall adopt the open space plan and enter upon an open
space program, with the power to acquire open land by purchase, condemnation
(except townships in counties having a population of more than 150,000 but
not more than 250,000),
or otherwise in the township and with the power to issue bonds for those
purposes under this Article. Approval of a petition recommending adoption of the open space plan shall be given if the petition is determined to be valid following public notice and a hearing consistent with the requirements of Section 115-10 for the initial petition. The total amount of bonds to be issued under
this Section may not exceed 5% of the valuation of all taxable property in the
township and shall be set forth in the question as a dollar amount.  The
township clerk shall certify that proposition
to the proper election officials, who shall submit the proposition to the
township voters at the next regular election.  The referendum shall be
conducted and notice given in accordance with the general election law.
(b) The question submitted to the voters at the election shall be in
substantially the following form:
Shall (name of township) adopt the open space plan     considered at the public hearing on (date) and enter upon an open space program, and shall the Township Board have the power (i) to acquire open land by purchase (insert ", condemnation," if the township is in a county having a population of more than 250,000) or otherwise, (ii) to issue bonds for open space purposes in an amount not exceeding $(amount), and (iii) to levy a tax to pay the principal of and interest on those bonds, as provided in Article 115 of the Township Code?
					The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election on the question vote
in favor of the question, the township shall thereafter adopt the open space
plan recommended by the board or by the petition of the registered voters of
the township and shall enter upon an open space program under this Article. If
the proposition does not receive the approval of a majority of the voters
voting at the election on the question, no proposition may be submitted to the
voters under this Section less than 23 months after the date of the election.
(d) If a majority of the legal voters voting at referendum in any township
approved a proposition at the consolidated election in 2001 in reliance upon
and consistent with this Section 115-20 as it existed prior to the effective
date of Public Act 91-847, then that referendum and all actions taken in
reliance thereon are hereby validated and are legally binding in all
respects.
(Source: P.A. 94-622, eff. 8-18-05.)
(60 ILCS 1/115-25)
Sec. 115-25. 
		Amendments or additions to plan. 
		If the board recommends any
amendments or additions to a plan that has been adopted by a township, no
property that is the subject of the amendment or addition may be acquired until
the revised plan is approved by the voters at a referendum under Section 115-20
unless the amendments or additions do not provide for expenditures in excess of
those provided in the original plan and do not provide for the acquisition of
property other than from persons who are selling their property voluntarily.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-30)
Sec. 115-30. 
		Property within municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is situated within the corporate boundaries of a
municipality, the corporate authorities of the municipality may, within 30 days
of the recommendation, vote to authorize the board of a township in a county
having a population of more than 250,000 to acquire by condemnation
property that is situated within the municipality's corporate boundaries.  If
the corporate authorities of the municipality fail to act within that 30 day
period, then none of the property included in the open space plan that is
situated within the municipality shall be acquired by the board by
condemnation.  The municipality's failure to act constitutes a denial
of authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is situated within the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the municipality
residing within the township (according to the voting registration records at
the time the petition is filed), requesting that the question of whether the
board shall be granted authority to acquire property within its corporate
boundaries by condemnation be submitted to the voters of the municipality
residing within the township, then the question shall be submitted to those
voters in the form of a proposition. The petition shall state the public
question to be submitted and contain a common description of the territory in
plain and nonlegal language.  The description shall describe the territory by
reference to streets, natural or artificial landmarks, addresses, or any other
method that would enable a voter signing the petition to be informed of the
territory proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the municipality who reside within the township.  The referendum
shall appear on the ballot at the same election as the referendum required in
Section 115-20.   Except as otherwise provided in this Section, the referendum
shall be conducted and notice given in accordance with the general election
law. The question submitted to the voters at the election shall be in
substantially the following form:
Shall the Township Board of (name of township in a     county having a population of more than 250,000) have the authority to acquire by condemnation open land that is situated within the corporate boundaries of (name of municipality) for open space purposes?
		The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition.  If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that include the description.
 The notice shall be prominently displayed in the polling place of each
precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is situated within the corporate boundaries of the municipality and
included in the open space plan recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is situated within the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the question, then
the board may not acquire the property by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)
(60 ILCS 1/115-35)
Sec. 115-35. 
		Property contiguous to municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is contiguous to the corporate boundaries of one or more
municipalities, the corporate authorities of any of those municipalities may,
within 30 days of the recommendation, vote to authorize the board of a
township in a county having a population of more than 250,000 to acquire by
condemnation property that is contiguous to the municipality's corporate
boundaries.  If the corporate authorities of a municipality fail to act within
that 30 day period, then none of the property included in the open space plan
that is contiguous to a municipality shall be acquired by the board by
condemnation.  The municipality's failure to act constitutes a denial of
authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is contiguous to the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the township (according
to the voting registration records at the time the petition is filed),
requesting that the question of whether the board shall be granted authority to
acquire property contiguous to the corporate boundaries of the municipality by
condemnation be submitted to the voters of the township, then the question
shall be submitted to those voters in the form of a proposition. The petition
shall state the public question to be submitted and contain a common
description of the territory proposed to be acquired in plain and nonlegal
language.  The description shall describe the territory by reference to
streets, natural or artificial landmarks, addresses, or any other method that
would enable a voter signing the petition to be informed of the territory
proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the township.  The referendum shall appear on the ballot at the same
election as the referendum required in Section 115-20.   Except as otherwise
provided in this Section, the referendum shall be conducted and notice given in
accordance with the general election law. The question submitted to the voters
at the election shall be in substantially the following form:
Shall the Township Board of (name of township in a     county having a population of more than 250,000) have the authority to acquire by condemnation open land that is contiguous to the corporate boundaries of (name of municipality) for open space purposes?
		The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition.  If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that includes the
description.  The notice shall be prominently displayed in the polling place of
each precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is contiguous to the corporate boundaries of the municipality or
municipalities and included in the open space plan recommended for adoption
under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is contiguous to the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the proposition,
then the board may not acquire the property by condemnation.
(g) For purposes of this Section, "contiguous" means contiguous for
purposes of annexation under Article 7 of the Illinois Municipal Code.
(Source: P.A. 91-641, eff. 8-20-99.)
(60 ILCS 1/115-40)
Sec. 115-40. 
		Later submission of proposition to include property. 
		If in a
township in a county having a population of more than 250,000 a
parcel of land cannot be acquired by condemnation because it was not approved
at an election under either Section 115-30 or 115-35, that parcel can again be
included in a proposition only if (i) the procedures set forth in Section
115-15 relating to amendments that add property to existing open space plans
have been followed and (ii) not less than 23 months have elapsed since the date
of the election at which the voters failed to approve the acquisition of the
parcel by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)
(60 ILCS 1/115-45)
Sec. 115-45. 
		Powers of township board. 
		In any township in which the
establishment of an open space program has been authorized by the voters under
this Article, the township board, to the extent necessary to carry out the
purposes of this Article and in addition to any other powers, duties, and
functions vested in a township by law (but subject to limitations and
restrictions imposed by this or another law), has the powers enumerated in the
following Sections.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/115-50)
Sec. 115-50. 
		Study; coordinated plan. 
		The board may study and ascertain the
 open space resources and outdoor recreation facilities in the township, the
need for preserving those resources and providing those facilities, and the
extent to which those needs are being currently met.  The board may prepare and
adopt a coordinated plan of areas and facilities to meet those needs.
(Source: P.A. 79-472; 88-62.)
(60 ILCS 1/115-55)
Sec. 115-55. (a) The board may acquire by gift, legacy, purchase,
condemnation in the manner provided for the exercise of the right of eminent
domain under the Eminent Domain Act and except as
otherwise provided in this subsection, lease, agreement, or
otherwise the fee or any lesser right or interest in real property that is open
land and may hold that property with or without public access for open space,
scenic roadway, pathway, outdoor recreation, or other conservation benefits.
No township in a county having a population of more than 150,000 but not more
than 250,000 has authority under this Article to acquire property by
condemnation, and
no other township has authority under this Article to acquire
by condemnation
(i) property that is used for farming or agricultural purposes; (ii) property
that is situated within the corporate limits of a municipality or contiguous to
one or more municipalities unless approval to acquire the property by
condemnation is obtained under Section 115-30 or 115-35; (iii) property upon
which development has commenced; or (iv) property owned by a religious
organization, church, school, or charitable organization exempt from federal
taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 or
similar provisions of any successor law, or any other organization controlled
by or affiliated with such a religious organization, church, school, or
charitable organization.
(b) For purposes of this Section:
(1)  "Development" of property is deemed to have     commenced if (i) at least 30 days before the filing of a petition under Section 115-10, an application for a preliminary plan or preliminary planned unit development has been filed with the applicable governmental entity or, if neither is required, a building permit has been obtained at least 30 days before the filing of a petition under Section 115-10; (ii) mass grading of the property has commenced; and (iii) within 180 days of the date the open space plan is recommended for approval by the board under Section 115-5 or by petition of the voters under Section 115-20, 115-30, or 115-35, the installation of public improvements has commenced.
(2) "Contiguous" means contiguous for purposes of     annexation under Article 7 of the Illinois Municipal Code.
(3) Real property is deemed used for farming or     agricultural purposes if it is more than 10 acres in area and devoted primarily to (i) the raising and harvesting of crops, (ii) the feeding, breeding, and management of livestock, (iii) dairying, or (iv) any other agricultural or horticultural use or combination of those uses, with the intention of securing substantial income from those activities, and has been so used for the 3 years immediately preceding the filing of a condemnation action.  Real property used for farming or agricultural purposes includes land devoted to and qualifying for payments or other compensation under a soil conservation program under an agreement with an agency of the federal government and also includes the construction and use of dwellings and other buildings customarily associated with farming and agricultural uses when associated with those uses.
(c) If a township's acquisitions of open land, or interests
in open land when combined with other lands in the township held for open
space purposes by other governmental entities, equals 30% of the total
acreage of the township, then the township may not acquire additional open
land by condemnation.
(d) Any parcel of land that is included in an open space plan adopted by a
township that has not been acquired by the township under this Section within 3
years, or within 2 years with respect to existing open space programs, after
the later of (i) July 29, 1988, or (ii) the date of the passage of the
referendum may not thereafter be acquired by condemnation by the township under
this Section, except that if an action in condemnation to acquire the parcel is
filed under this Section within that 3 year or 2 year period, as applicable,
the parcel may be acquired by condemnation by the township notwithstanding the
fact that the condemnation action may not be concluded within the 3 year or 2
year
period, as applicable.  Notwithstanding the foregoing, if a parcel of land
cannot be acquired by condemnation under subsection (a) because of its use for
farming or agricultural purposes,  the 3 year or 2 year period, as applicable,
shall be tolled until the date the parcel ceases to be used for farming or
agricultural purposes.  Notwithstanding the foregoing, the fee or any lesser
right or interest in real property that is open land may be acquired after the
3 year or 2 year period, as applicable, by any means authorized under
subsection (a) other than condemnation.
(Source: P.A. 94-1055, eff. 1-1-07.)
(60 ILCS 1/115-60)
Sec. 115-60. 
		Classification of areas; structures. 
		The board may classify,
designate, plan, develop, preserve, administer, and maintain all areas, places,
and facilities in which it has an interest and may construct, reconstruct,
alter, and renew buildings and other structures and equip and maintain those
buildings and other structures.
(Source: P.A. 79-472; 88-62.)
(60 ILCS 1/115-65)
Sec. 115-65. 
		Acceptance of money and personal property. 
		The board may
accept gifts, grants, bequests, contributions, and appropriations
of money and other personal property for open space purposes.
(Source: P.A. 79-472; 88-62.)
(60 ILCS 1/115-66)
Sec. 115-66. Surplus for maintenance and operation of open spaces. A township that has adopted an open space plan may maintain and receive from year to year funds for maintenance and operation of the township's open spaces in surplus of the amount necessary for the annual maintenance and operation of open spaces within the township. The surplus shall be maintained in a separate fund and not commingled with the township general fund. The surplus shall not be derived from any township tax levy.
(Source: P.A. 94-469, eff. 8-4-05.)
(60 ILCS 1/115-70)
Sec. 115-70. 
		Executive officer. 
		The board may employ and fix the
compensation of an executive officer who shall be responsible to the board for
the carrying out of its policies.  The executive officer shall have the power,
subject to the approval of the board, to employ and fix the compensation of
assistants and employees the board considers necessary for carrying out the
purposes and provisions of this Article.
(Source: P.A. 79-472; 88-62.)
(60 ILCS 1/115-75)
Sec. 115-75. 
		Fees. 
		The board may charge and collect reasonable fees for
the use of such facilities, privileges and conveniences as may be provided.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-80)
Sec. 115-80. 
		Police powers. 
		The board may police its property and
exercise police powers in respect thereto or in respect to the enforcement of
any rule or regulation provided by the ordinances of the township and may
employ and commission police officers and other qualified persons to enforce
the same.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-85)
Sec. 115-85. 
		Natural resources studies. 
		The board may undertake studies
pertaining to the natural history, archaeology, history or conservation of
natural resources of the township.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-90)
Sec. 115-90. 
		Lease of lands. 
		The board may lease land for a period not
longer than 50 years from the date of the lease to a responsible person, firm,
or corporation for construction, reconstruction, alteration, renewal,
equipment, furnishing, extension, development, operation and maintenance of
lodges, housekeeping and sleeping cabins, swimming pools, golf courses,
campgrounds, sand beaches, marinas, convention and entertainment centers, roads
and parking areas, and other related buildings and facilities.  In any lease of
land leased under this Section, upon expiration of the lease title to all
structures on the leased land shall be vested in the township.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-95)
Sec. 115-95. 
		Lease of buildings or facilities. 
		The board may lease any
building or facility constructed, reconstructed, altered, renewed, equipped,
furnished, extended, developed, and maintained by the township to a responsible
person, firm, or corporation for operation or development, or both, and
maintenance for a period not longer than 20 years from the date of the lease.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-100)
Sec. 115-100. 
		Dedication of nature preserves. 
		The board may dedicate open
lands, held by the township under this Article, as nature preserves within the
Illinois system of nature preserves as provided in Section 15 of the Illinois
Natural Areas Preservation Act and may cooperate with the Illinois Nature
Preserves Commission in matters relating to the purposes of this Article.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-105)
Sec. 115-105. 
		Borrowing money; bonds. 
		The township board may borrow money
and issue bonds, after referendum, for the purpose of acquiring, developing,
rehabilitating and renovating open lands for open space purposes, as defined in
Section 115-5, pursuant to an open space program adopted as provided in this
Article, in and for the township in any amount not to exceed 5%
on the
valuation of taxable property in the township, to be ascertained by the last
assessment for State and county taxes previous to the incurring of such
indebtedness or, until January 1, 1983, if greater, the sum that is produced by
multiplying the township's 1978 equalized assessed valuation by the debt
limitation percentage on January 1, 1979.
Whenever the board desires to issue bonds under this Article, or whenever the
board receives a petition from not less than 5% or 50, whichever is greater, of
the registered voters of the township, according to the voting registration
records at the time the petition is filed, requesting the board to issue bonds
under this Article, the board, concurrently with the filing of a petition with
the township clerk requesting him to submit to the voters of the township at
the next election the question of whether or not to adopt an open space plan
and enter upon an open space program, shall certify that proposition to the
proper election officials who shall submit to the voters of the township at the
next election the question of whether or not
the board shall issue bonds to finance an open space program and provide for
the levy and collection of a direct annual tax upon all taxable property within
the township to meet the principal and interest on the bonds as they mature,
which tax shall be in addition to and in excess of any other tax authorized to
be levied by the township.
The amount of bonds to be issued under this Section shall be set forth in the
question as a  dollar amount.
The election shall be conducted and notice given in
accordance with the general election law.  The question submitted to the voters
at the election shall be in substantially the following form:
Shall (name of township) issue bonds to finance the     acquisition, maintenance, development, rehabilitation and renovation of open space lands for open space purposes as provided by the Township Open Space Article of the Township Code and levy and collect property taxes, in excess of any other tax authorized to be levied by the township, sufficient to meet the principal and interest on the bonds as they mature, but not in an amount in excess of $(amount)?
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote in favor of the
question, the board shall issue bonds as provided in this Article provided such
bonds are issued within 6 months after the voters vote favorably on such
question.
If such proposition does not receive the approval of a majority of
the voters voting at the
election on the question, no proposition may be submitted to such voters
pursuant to this Section less than 23 months after the date of such election.
The board shall then adopt a resolution authorizing the issuance of such
bonds, prescribing all the details thereof, and stating the time or times when
the principal thereof and the interest on the bonds become payable, and the
place of payment thereof.  The bonds must, however, be payable within not less
than 3 nor more than 40 years from date thereof, and be issued to bear interest
at not to exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract.  Such a resolution shall
provide for the levy and collection of a direct annual tax upon all the taxable
property within the corporate limits of such township sufficient to meet the
principal of and interest on the bonds as they mature, which tax shall be in
addition to and in excess of any other tax authorized to be levied by the
township.
A certified copy of the resolution providing for the issuance of any such
bonds shall be filed with the county clerk of the county in which the township
is located and constitutes the basis and authority of the county clerk for the
extension and collection of the tax necessary to pay the principal of and
interest upon the bonds issued under the resolution.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-004, it
is and always has been the intention of the General Assembly (i) that the
Omnibus Bond Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts, regardless of any
provision of this Article that may appear to be or to have been more
restrictive
than those Acts, (ii) that the provisions of this Section are not a limitation
on
the supplementary authority granted by the Omnibus Bonds Acts, and (iii) that
instruments issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive than those
Acts.
If a majority of the legal voters voting at referendum in any township
approved a proposition at the consolidated election in 2001 in
reliance upon and consistent with this Section 115-105 as it existed prior to
the effective date of Public Act 91-847, then that referendum and all actions
taken in reliance thereon are hereby validated and are legally binding in all
respects.
(Source: P.A. 91-847, eff. 6-22-00; 92-6, eff. 6-7-01.)
(60 ILCS 1/115-110)
Sec. 115-110. 
		Report. 
		No later than March 31 of each calendar year, the
board of any township that has established an open space program pursuant to
the provisions of this Article shall file with the township clerk a report
describing the actions taken by such board to implement its open space plan.
This report shall include at least the following information:
(1) The amount of taxes levied and received by the     township in the preceding calendar year;
(2) The amount of all monies spent in the preceding     calendar year in implementing the open space plan and the specific purposes for which all monies were spent;
(3) The legal and common descriptions of all lands     acquired in the preceding calendar year; and
(4) The purpose for which all properties acquired are     being used.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-115)
Sec. 115-115. 
		Property tax exemption. 
		All property acquired by any
township for open space purposes pursuant to an open space program as defined
in this Article shall be exempt from real property taxation for assessment year
1988 and each assessment year thereafter.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-120)
Sec. 115-120. 
		Applicability. 
		Only the following provisions of Sections of
the Township Open Space Act as changed or added by Public Act 85-1140 shall
apply to open space programs validly established prior to July 29, 1988 (the
effective date of Public Act 85-1140): (i) Section 2.02 (Sections 115-10 and
115-15 of this Code) as such Section relates to amendments that add property to
an existing open space plan; (ii) Section 4.02(a)(i) and (iv) (items (i) and
(iv) of subsection (a) of Section 115-55 of this Code); (iii) Section 4.02(b)
(subsection (c) of Section 115-55 of this Code); (iv) Section 4.02(c)
(subsection (d) of Section 115-55 of this Code); and (v) Section 6 (Section
115-110 of this Code).  Public Act 85-1140 shall apply to any condemnation
action to exercise the right of eminent domain provided in Section 4.02 of the
Township Open Space Act (Section 115-55 of this Code) filed on or after June 1,
1988 and not brought to final and unappealable judgment on or before July 29,
1988 (the effective date of Public Act 85-1140).  However, the provisions of
Public Act 85-1140 shall neither require
additional public hearings or referenda in connection with any open space
program validly established prior to July 29, 1988 (the effective date of
Public Act 85-1140), except with respect to amendments pursuant to Section 2.02
of the Township Open Space Act (Sections 115-10 and 115-15 of this Code) that
add property to an existing open space plan, nor render unenforceable or
invalid any bonds properly issued in connection with such open space program.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-125)
Sec. 115-125. 
		Validation. 
		Sections 4.06 through 8 of the Township Open
Space Act were inadvertently omitted from the Township Code when that Code was
enacted by Public Act 88-62.  Those Sections are being added to the Township
Code as Sections 115-75 through 115-120.  They shall be construed as a
continuation of the corresponding provisions of the Township Open Space Act and
not as a new or different law.  Every otherwise lawful action taken in reliance
on and in accordance with those Sections after December 31, 1993 and before the
effective date of this amendatory Act of 1994 is hereby validated.
(Source: P.A. 88-670, eff. 12-2-94.)