[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0328
HB2125 Enrolled LRB9101983PTpk
AN ACT concerning construction bonds.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-1041 as follows:
(55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
Sec. 5-1041. Maps, plats and subdivisions. A county board
may prescribe, by resolution or ordinance, reasonable rules
and regulations governing the location, width and course of
streets and highways and of floodplain, stormwater and
floodwater runoff channels and basins, and the provision of
necessary public grounds for schools, public libraries, parks
or playgrounds, in any map, plat or subdivision of any block,
lot or sub-lot or any part thereof or any piece or parcel of
land, not being within any city, village or incorporated
town. The rules and regulations may include such reasonable
requirements with respect to water supply and sewage
collection and treatment as may be established by the
Environmental Protection Agency, and such reasonable
requirements with respect to floodplain and stormwater
management as may be established by the County Stormwater
Management Committee established under Section 5-1062 of this
Code, and such reasonable requirements with respect to street
drainage and surfacing as may be established by the county
engineer or superintendent of highways and which by
resolution shall be deemed to be the minimum requirements in
the interest of the health, safety, education and convenience
of the public of the county; and may provide by resolution
that the map, plat or subdivision shall be submitted to the
county board or to some officer to be designated by the
county board for their or his approval. The county board
shall have a qualified engineer make an estimate of the
probable expenditures necessary to enable any person to
conform with the standards of construction established by the
board pursuant to the provisions of this Section. Except as
provided in Section 3 of the Public Construction Bond Act,
each person who seeks the county board's approval of a map,
plat or subdivision shall post a good and sufficient bond or
other adequate security with the county clerk, in a penal sum
sufficient to cover the estimate of expenditures made by the
estimating engineer. The bond or other adequate security
shall be conditioned upon faithful adherence to the rules and
regulations of the county board promulgated pursuant to the
authorization granted to it by this Section or by Section
5-1062 of this Code, and in such cases no such map, plat or
subdivision shall be entitled to record in the proper county
or have any validity until it has been so approved. This
Section is subject to the provisions of Section 5-1123.
The county board may, by resolution, provide a schedule
of fees sufficient to reimburse the county for the costs
incurred in reviewing such maps, plats and subdivisions
submitted for approval to the county board. The fees
authorized by this Section are to be paid into the general
corporate fund of the county by the party desiring to have
the plat approved.
No officer designated by a county board for the approval
of plats shall engage in the business of surveying, and no
map, plat or subdivision shall be received for record or have
any validity which has been prepared by or under the
direction of such plat officer.
It is the intention of this amendatory Act of 1990 to
repeal the language added to Section 25.09 of "An Act to
revise the law in relation to counties", approved March 31,
1874, by P.A. 86-614, Section 25.09 of that Act being the
predecessor of this Section.
(Source: P.A. 90-558, eff. 12-12-97.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-12-8 as follows:
(65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
Sec. 11-12-8. Compliance of plat with map; designation of
public lands; approval; bond; order; failure to act upon
plat. The corporate authorities of the municipality shall
determine whether a proposed plat of subdivision or
resubdivision complies with the official map. To secure such
determination, the person requesting the subdivision or
resubdivision shall file four copies of a plat thereof with
the clerk of the municipality, and shall furnish therewith
four copies of all data necessary to show compliance with all
applicable municipal regulations and shall make application
for preliminary or final approval of the proposed plat.
Whenever the reasonable requirements provided by the
ordinance including the official map shall indicate the
necessity for providing for a school site, park site, or
other public lands within any proposed subdivision for which
approval has been requested, and no such provision has been
made therefor, the municipal authority may require that lands
be designated for such public purpose before approving such
plat. Whenever a final plat of subdivision, or part thereof,
has been approved by the corporate authorities as complying
with the official map and there is designated therein a
school site, park site or other public land, the corporate
authorities having jurisdiction of such use, be it a school
board, park board or other authority, such authority shall
acquire the land so designated by purchase or commence
proceedings to acquire such land by condemnation within one
year from the date of approval of such plat; and if it does
not do so within such period of one year, the land so
designated may then be used by the owners thereof in any
other manner consistent with the ordinance including the
official map and the zoning ordinance of the municipality.
The corporate authorities may by ordinance provide that a
plat of subdivision may be submitted initially to the plan
commission for preliminary approval. The application for
preliminary approval shall show location and width of
proposed streets and public ways, shall indicate proposed
location of sewers and storm drains, proposed dedication of
public grounds, if any, lot sizes, proposed easements for
public utilities, and proposed method of sewage and waste
disposal, but need not contain specifications for proposed
improvements.
The plan Commission shall approve or disapprove the
application for preliminary approval within 90 days from the
date of the application or the filing by the applicant of the
last item of required supporting data, whichever date is
later, unless such time is extended by mutual consent. If
such plat is disapproved, then within said 90 days the plan
commission shall furnish to applicant in writing a statement
setting forth the reason for disapproval and specifying with
particularity the aspects in which the proposed plat fails to
conform to the ordinances including official map. If such
plat is approved the corporate authority shall accept or
reject said plat within 30 days after its next regular stated
meeting following the action of the plan commission.
Preliminary approval shall not qualify a plat for recording.
Application for final approval of a plat shall be made
not later than one year after preliminary approval has been
granted. This application must be supported by such drawings,
specifications and bond as may be necessary to demonstrate
compliance with all requirements of this statute and such
regulations as the corporate authorities may provide by
ordinance under authority of this statute. This Section is
subject to the provisions of Section 11-39-3.
The applicant may elect to have final approval of a
geographic part or parts of the plat that received
preliminary approval, and may delay application for approval
of other parts until a later date or dates beyond one year
with the approval of the municipal authorities; provided, all
facilities required to serve the part or parts for which
final approval is sought have been provided. In such case
only such part or parts of the plat as have received final
approval shall be recorded.
When a person submitting a plat of subdivision or
resubdivision for final approval has supplied all drawings,
maps and other documents required by the municipal ordinances
to be furnished in support thereof, and if all such material
meets all municipal requirements, the corporate authorities
shall approve the proposed plat within 60 days from the date
of filing the last required document or other paper or within
60 days from the date of filing application for final
approval of the plat, whichever date is later. The applicant
and the corporate authorities may mutually agree to extend
the 60 day period.
Except as provided in Section 3 of the Public
Construction Bond Act, the corporate authorities may provide
that any person, firm or corporation seeking approval of a
subdivision or resubdivision map or plat shall post a good
and sufficient bond with the municipal clerk in a penal sum
sufficient to cover the estimate made by the municipal
engineer, or other authorized person, of expenditures,
including but not limited to reasonable inspection fees to be
borne by the applicant, necessary to conform to the
requirements established and conditioned upon completion of
said requirements in a reasonable time. The corporate
authorities may, by ordinance, prescribe the form of the bond
and may require surety to be approved by the corporate
authorities; provided, that a municipality may permit the
depositing of cash or other security acceptable to the
corporate authorities, to complete the improvements required
in lieu of a bond if it shall so provide by ordinance; and
further provided, that no bond or security shall be required
to be filed until the corporate authorities have approved the
plat in all other respects and have notified the applicant of
such approval. If the corporate authorities require a cash
bond, the requirement shall be subject to the provisions of
Section 11-39-3.
If the preliminary or final plat is approved, the
municipal clerk shall attach a certified copy of the order or
resolution of approval to a copy of the plat. If the proposed
plat is disapproved, the order or resolution shall state the
reasons for the disapproval, specifying with particularity
the aspects in which the proposed plat fails to conform to
the official map. A copy of the order or resolution shall be
filed in the office of the municipal clerk.
If the corporate authorities fail to act upon the final
plat within the time prescribed the applicant may, after
giving 5 days written notice to the corporate authorities,
file a complaint for summary judgment in the circuit court
and upon showing that the corporate authorities have failed
to act within the time prescribed the court shall enter an
order authorizing the recorder to record the plat as finally
submitted without the approval of the corporate authorities.
A plat so recorded shall have the same force and effect as
though that plat had been approved by the corporate
authorities. If the corporate authorities refuse to act upon
the final plat within the time prescribed and if their
failure to act thereon is wilful, upon such showing and upon
proof of damages the municipality shall be liable therefor.
(Source: P.A. 90-558, eff. 12-12-97.)
[ Top ]