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91_HB4144
LRB9111020MWgcA
1 AN ACT in relation to condominiums.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. 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 authority granted to county boards under this
17 Section does not apply to condominium campgrounds in non-home
18 rule counties with a population of less than 35,000 according
19 to the 1990 federal Decennial Census. A "condominium
20 campground", for purposes of this Section, is a campground as
21 defined in the Campground Licensing and Recreational Area Act
22 in which individual units are sold. This amendatory Act of
23 the 91st General Assembly is declarative of existing law.
24 The rules and regulations may include such reasonable
25 requirements with respect to water supply and sewage
26 collection and treatment as may be established by the
27 Environmental Protection Agency, and such reasonable
28 requirements with respect to floodplain and stormwater
29 management as may be established by the County Stormwater
30 Management Committee established under Section 5-1062 of this
31 Code, and such reasonable requirements with respect to street
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1 drainage and surfacing as may be established by the county
2 engineer or superintendent of highways and which by
3 resolution shall be deemed to be the minimum requirements in
4 the interest of the health, safety, education and convenience
5 of the public of the county; and may provide by resolution
6 that the map, plat or subdivision shall be submitted to the
7 county board or to some officer to be designated by the
8 county board for their or his approval. The county board
9 shall have a qualified engineer make an estimate of the
10 probable expenditures necessary to enable any person to
11 conform with the standards of construction established by the
12 board pursuant to the provisions of this Section. Except as
13 provided in Section 3 of the Public Construction Bond Act,
14 each person who seeks the county board's approval of a map,
15 plat or subdivision shall post a good and sufficient bond or
16 other adequate security with the county clerk, in a penal sum
17 sufficient to cover the estimate of expenditures made by the
18 estimating engineer. The bond or other adequate security
19 shall be conditioned upon faithful adherence to the rules and
20 regulations of the county board promulgated pursuant to the
21 authorization granted to it by this Section or by Section
22 5-1062 of this Code, and in such cases no such map, plat or
23 subdivision shall be entitled to record in the proper county
24 or have any validity until it has been so approved. This
25 Section is subject to the provisions of Section 5-1123.
26 The county board may, by resolution, provide a schedule
27 of fees sufficient to reimburse the county for the costs
28 incurred in reviewing such maps, plats and subdivisions
29 submitted for approval to the county board. The fees
30 authorized by this Section are to be paid into the general
31 corporate fund of the county by the party desiring to have
32 the plat approved.
33 No officer designated by a county board for the approval
34 of plats shall engage in the business of surveying, and no
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1 map, plat or subdivision shall be received for record or have
2 any validity which has been prepared by or under the
3 direction of such plat officer.
4 It is the intention of this amendatory Act of 1990 to
5 repeal the language added to Section 25.09 of "An Act to
6 revise the law in relation to counties", approved March 31,
7 1874, by P.A. 86-614, Section 25.09 of that Act being the
8 predecessor of this Section.
9 (Source: P.A. 90-558, eff. 12-12-97; 91-328, eff. 1-1-00.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.