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91_HB2125enr HB2125 Enrolled LRB9101983PTpk 1 AN ACT concerning construction bonds. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 5-1041 as follows: 6 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041) 7 Sec. 5-1041. Maps, plats and subdivisions. A county board 8 may prescribe, by resolution or ordinance, reasonable rules 9 and regulations governing the location, width and course of 10 streets and highways and of floodplain, stormwater and 11 floodwater runoff channels and basins, and the provision of 12 necessary public grounds for schools, public libraries, parks 13 or playgrounds, in any map, plat or subdivision of any block, 14 lot or sub-lot or any part thereof or any piece or parcel of 15 land, not being within any city, village or incorporated 16 town. The rules and regulations may include such reasonable 17 requirements with respect to water supply and sewage 18 collection and treatment as may be established by the 19 Environmental Protection Agency, and such reasonable 20 requirements with respect to floodplain and stormwater 21 management as may be established by the County Stormwater 22 Management Committee established under Section 5-1062 of this 23 Code, and such reasonable requirements with respect to street 24 drainage and surfacing as may be established by the county 25 engineer or superintendent of highways and which by 26 resolution shall be deemed to be the minimum requirements in 27 the interest of the health, safety, education and convenience 28 of the public of the county; and may provide by resolution 29 that the map, plat or subdivision shall be submitted to the 30 county board or to some officer to be designated by the 31 county board for their or his approval. The county board HB2125 Enrolled -2- LRB9101983PTpk 1 shall have a qualified engineer make an estimate of the 2 probable expenditures necessary to enable any person to 3 conform with the standards of construction established by the 4 board pursuant to the provisions of this Section. Except as 5 provided in Section 3 of the Public Construction Bond Act, 6 each person who seeks the county board's approval of a map, 7 plat or subdivision shall post a good and sufficient bond or 8 other adequate security with the county clerk, in a penal sum 9 sufficient to cover the estimate of expenditures made by the 10 estimating engineer. The bond or other adequate security 11 shall be conditioned upon faithful adherence to the rules and 12 regulations of the county board promulgated pursuant to the 13 authorization granted to it by this Section or by Section 14 5-1062 of this Code, and in such cases no such map, plat or 15 subdivision shall be entitled to record in the proper county 16 or have any validity until it has been so approved. This 17 Section is subject to the provisions of Section 5-1123. 18 The county board may, by resolution, provide a schedule 19 of fees sufficient to reimburse the county for the costs 20 incurred in reviewing such maps, plats and subdivisions 21 submitted for approval to the county board. The fees 22 authorized by this Section are to be paid into the general 23 corporate fund of the county by the party desiring to have 24 the plat approved. 25 No officer designated by a county board for the approval 26 of plats shall engage in the business of surveying, and no 27 map, plat or subdivision shall be received for record or have 28 any validity which has been prepared by or under the 29 direction of such plat officer. 30 It is the intention of this amendatory Act of 1990 to 31 repeal the language added to Section 25.09 of "An Act to 32 revise the law in relation to counties", approved March 31, 33 1874, by P.A. 86-614, Section 25.09 of that Act being the 34 predecessor of this Section. HB2125 Enrolled -3- LRB9101983PTpk 1 (Source: P.A. 90-558, eff. 12-12-97.) 2 Section 10. The Illinois Municipal Code is amended by 3 changing Section 11-12-8 as follows: 4 (65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8) 5 Sec. 11-12-8. Compliance of plat with map; designation of 6 public lands; approval; bond; order; failure to act upon 7 plat. The corporate authorities of the municipality shall 8 determine whether a proposed plat of subdivision or 9 resubdivision complies with the official map. To secure such 10 determination, the person requesting the subdivision or 11 resubdivision shall file four copies of a plat thereof with 12 the clerk of the municipality, and shall furnish therewith 13 four copies of all data necessary to show compliance with all 14 applicable municipal regulations and shall make application 15 for preliminary or final approval of the proposed plat. 16 Whenever the reasonable requirements provided by the 17 ordinance including the official map shall indicate the 18 necessity for providing for a school site, park site, or 19 other public lands within any proposed subdivision for which 20 approval has been requested, and no such provision has been 21 made therefor, the municipal authority may require that lands 22 be designated for such public purpose before approving such 23 plat. Whenever a final plat of subdivision, or part thereof, 24 has been approved by the corporate authorities as complying 25 with the official map and there is designated therein a 26 school site, park site or other public land, the corporate 27 authorities having jurisdiction of such use, be it a school 28 board, park board or other authority, such authority shall 29 acquire the land so designated by purchase or commence 30 proceedings to acquire such land by condemnation within one 31 year from the date of approval of such plat; and if it does 32 not do so within such period of one year, the land so HB2125 Enrolled -4- LRB9101983PTpk 1 designated may then be used by the owners thereof in any 2 other manner consistent with the ordinance including the 3 official map and the zoning ordinance of the municipality. 4 The corporate authorities may by ordinance provide that a 5 plat of subdivision may be submitted initially to the plan 6 commission for preliminary approval. The application for 7 preliminary approval shall show location and width of 8 proposed streets and public ways, shall indicate proposed 9 location of sewers and storm drains, proposed dedication of 10 public grounds, if any, lot sizes, proposed easements for 11 public utilities, and proposed method of sewage and waste 12 disposal, but need not contain specifications for proposed 13 improvements. 14 The plan Commission shall approve or disapprove the 15 application for preliminary approval within 90 days from the 16 date of the application or the filing by the applicant of the 17 last item of required supporting data, whichever date is 18 later, unless such time is extended by mutual consent. If 19 such plat is disapproved, then within said 90 days the plan 20 commission shall furnish to applicant in writing a statement 21 setting forth the reason for disapproval and specifying with 22 particularity the aspects in which the proposed plat fails to 23 conform to the ordinances including official map. If such 24 plat is approved the corporate authority shall accept or 25 reject said plat within 30 days after its next regular stated 26 meeting following the action of the plan commission. 27 Preliminary approval shall not qualify a plat for recording. 28 Application for final approval of a plat shall be made 29 not later than one year after preliminary approval has been 30 granted. This application must be supported by such drawings, 31 specifications and bond as may be necessary to demonstrate 32 compliance with all requirements of this statute and such 33 regulations as the corporate authorities may provide by 34 ordinance under authority of this statute. This Section is HB2125 Enrolled -5- LRB9101983PTpk 1 subject to the provisions of Section 11-39-3. 2 The applicant may elect to have final approval of a 3 geographic part or parts of the plat that received 4 preliminary approval, and may delay application for approval 5 of other parts until a later date or dates beyond one year 6 with the approval of the municipal authorities; provided, all 7 facilities required to serve the part or parts for which 8 final approval is sought have been provided. In such case 9 only such part or parts of the plat as have received final 10 approval shall be recorded. 11 When a person submitting a plat of subdivision or 12 resubdivision for final approval has supplied all drawings, 13 maps and other documents required by the municipal ordinances 14 to be furnished in support thereof, and if all such material 15 meets all municipal requirements, the corporate authorities 16 shall approve the proposed plat within 60 days from the date 17 of filing the last required document or other paper or within 18 60 days from the date of filing application for final 19 approval of the plat, whichever date is later. The applicant 20 and the corporate authorities may mutually agree to extend 21 the 60 day period. 22 Except as provided in Section 3 of the Public 23 Construction Bond Act, the corporate authorities may provide 24 that any person, firm or corporation seeking approval of a 25 subdivision or resubdivision map or plat shall post a good 26 and sufficient bond with the municipal clerk in a penal sum 27 sufficient to cover the estimate made by the municipal 28 engineer, or other authorized person, of expenditures, 29 including but not limited to reasonable inspection fees to be 30 borne by the applicant, necessary to conform to the 31 requirements established and conditioned upon completion of 32 said requirements in a reasonable time. The corporate 33 authorities may, by ordinance, prescribe the form of the bond 34 and may require surety to be approved by the corporate HB2125 Enrolled -6- LRB9101983PTpk 1 authorities; provided, that a municipality may permit the 2 depositing of cash or other security acceptable to the 3 corporate authorities, to complete the improvements required 4 in lieu of a bond if it shall so provide by ordinance; and 5 further provided, that no bond or security shall be required 6 to be filed until the corporate authorities have approved the 7 plat in all other respects and have notified the applicant of 8 such approval. If the corporate authorities require a cash 9 bond, the requirement shall be subject to the provisions of 10 Section 11-39-3. 11 If the preliminary or final plat is approved, the 12 municipal clerk shall attach a certified copy of the order or 13 resolution of approval to a copy of the plat. If the proposed 14 plat is disapproved, the order or resolution shall state the 15 reasons for the disapproval, specifying with particularity 16 the aspects in which the proposed plat fails to conform to 17 the official map. A copy of the order or resolution shall be 18 filed in the office of the municipal clerk. 19 If the corporate authorities fail to act upon the final 20 plat within the time prescribed the applicant may, after 21 giving 5 days written notice to the corporate authorities, 22 file a complaint for summary judgment in the circuit court 23 and upon showing that the corporate authorities have failed 24 to act within the time prescribed the court shall enter an 25 order authorizing the recorder to record the plat as finally 26 submitted without the approval of the corporate authorities. 27 A plat so recorded shall have the same force and effect as 28 though that plat had been approved by the corporate 29 authorities. If the corporate authorities refuse to act upon 30 the final plat within the time prescribed and if their 31 failure to act thereon is wilful, upon such showing and upon 32 proof of damages the municipality shall be liable therefor. 33 (Source: P.A. 90-558, eff. 12-12-97.)