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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-12-7
(65 ILCS 5/11-12-7) (from Ch. 24, par. 11-12-7)
Sec. 11-12-7.
The corporate authorities may initiate plans and maps by requesting the
plan commission to prepare an official comprehensive plan and recommend the
same, or may originate an official comprehensive plan, or a part thereof,
or an amendment thereto, and may refer same or suggested changes in an
existing comprehensive plan to the plan commission for its consideration
and recommendation thereon. No comprehensive plan or amendment thereto
shall be adopted that has not been submitted to the plan commission.
The corporate authorities may adopt parts of a comprehensive plan
recommended by a plan commission without adopting the entire comprehensive
plan as recommended, or may modify or amend portions of a recommended
comprehensive plan without a re-reference of same to the plan commission,
and may adopt such comprehensive plan, as modified or amended. Such
comprehensive plan, when adopted, shall be the official comprehensive plan,
or part thereof, of that municipality.
Upon submission by the corporate authorities of any suggested
comprehensive plan, part thereof, or amendment to an existing comprehensive
plan to the plan commission for consideration and recommendation, the
corporate authorities may require a report thereon from the plan commission
with its recommendation within 90 days from the date of such submission,
and if the plan commission shall fail to make such report within such 90
days, then the corporate authorities may proceed to consider such
comprehensive plan, or part thereof or amendment to an existing
comprehensive plan, for adoption, including arranging for and holding of a
public hearing thereon in accordance with the provisions hereinafter
contained in the same manner as if the plan commission had made its
recommendation.
On and after the effective date of this amendatory act of 1961, an
official comprehensive plan, or any amendment thereof, shall not be adopted
by a municipality until notice and opportunity for public hearing have
first been afforded in the manner herein provided. Upon submission of a
comprehensive plan by the plan commission, or a proposed amendment to an
existing comprehensive plan, the corporate authorities shall schedule a
public hearing thereon, either before the plan commission or the corporate
authorities. Not less than 15 days' notice of the proposed hearing, and the
time and place thereof, shall be given by publication in a newspaper of
general circulation in the county or counties in which the municipality and
contiguous unincorporated territory are located. The hearing shall be
informal, but all persons desiring to be heard in support or opposition to
the comprehensive plan or amendment shall be afforded such opportunity, and
may submit their statements, orally, in writing, or both. The hearing may
be recessed to another date if not concluded, if notice of the time and
place thereof is publicly announced at the hearing or is given by newspaper
publication not less than 5 days prior to the recessed hearing.
Within 90 days after the conclusion of the hearing, the corporate
authorities, after consideration of the recommendation of the plan
commission and such information as shall have been derived from the
hearing, shall either adopt the comprehensive plan or amendment in whole or
in part or reject the entire comprehensive plan or amendment. If adopted,
the corporate authorities shall enact the ordinance including a map or maps
as hereinbefore provided. In adopting an official comprehensive plan,
except as herein otherwise provided, the corporate authorities shall be
subject to the same limitations as to subject matter as apply to the plan
commission. If at the expiration of such 90 days, the corporate authorities
have taken no formal action, the comprehensive plan or amendment thereto
may thereafter not be acted upon by the corporate authorities without again
complying with the conditions of notice and hearing heretofore provided.
No official map, or amendment or addition thereto, shall be ground for
rejection of any plat of subdivision or resubdivision by the corporate
authorities, if application for final approval of such subdivision or
resubdivision is filed with the corporate authorities 15 days or more prior
to the date on which the ordinance approving the official map, or amendment
or addition thereto, is adopted.
The comprehensive plan or amendment shall become effective upon the
expiration of 10 days after the date of filing notice of the adoption of
such comprehensive plan or amendment with the recorder of the county.
Whenever used in this Section 11-12-7 the words "plans" or "comprehensive
plan" shall be deemed to mean and include, where applicable, an official
map or maps.
(Source: P.A. 83-358.)
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65 ILCS 5/11-12-8
(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 of this
Code.
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 cash bond, irrevocable letter of credit,
or surety 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 cash bond, irrevocable letter of
credit, or surety 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, letter of
credit, surety, or any other method to cover the costs and expenses and to
insure
completion of the requirements, the requirements shall be
subject to the provisions of Section 11-39-3 of this
Code.
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. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
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65 ILCS 5/11-12-9
(65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)
Sec. 11-12-9. If unincorporated territory is within one and one-half miles
of the boundaries of two or more corporate authorities that have adopted
official plans, the corporate authorities involved may agree upon a line
which shall mark the boundaries of the jurisdiction of each of the
corporate authorities who have adopted such agreement. On and after
September 24, 1987, such agreement may provide that one or more of the
municipalities shall not annex territory which lies within the jurisdiction
of any other municipality, as established by such line. In the absence of
such a boundary line agreement, nothing in this paragraph shall be
construed as a limitation on the power of any municipality to annex
territory. In arriving at an agreement for a jurisdictional boundary line,
the corporate authorities concerned shall give consideration to the natural
flow of storm water drainage, and, when practical, shall include all of any
single tract having common ownership within the jurisdiction of one
corporate authority. Such agreement shall not become effective until copies
thereof, certified as to adoption by the municipal clerks of the respective
municipalities, have been filed in the Recorder's Office and made available
in the office of the municipal clerk of each agreeing municipality.
Any agreement for a jurisdictional boundary line shall be valid for such
term of years as may be stated therein, but not to exceed 20 years, and if
no term is stated, shall be valid for a term of 20 years. The term of such
agreement may be extended, renewed or revised at the end of the initial or
extended term thereof by further agreement of the municipalities.
In the absence of such agreement, the jurisdiction of any one of the
corporate authorities shall extend to a median line equidistant from its
boundary and the boundary of the other corporate authority nearest to the
boundary of the first corporate authority at any given point on the line.
On and after January 1, 2006, no corporate authority may enter into an agreement pursuant to this Section unless, not less than 30 days and not more than 120 days prior to formal approval thereof by the corporate authority, it shall have first provided public notice of the proposed boundary agreement by both of the following: (1) the posting of a public notice for not less than | | 15 consecutive days in the same location at which notices of village board or city council meetings are posted; and
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| (2) publication on at least one occasion in a
| | newspaper of general circulation within the territory that is subject to the proposed agreement.
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| The validity of a boundary agreement may not be legally challenged on the grounds that the notice as required by this Section was not properly given unless the challenge is initiated within 12 months after the formal approval of the boundary agreement.
An agreement that addresses jurisdictional boundary lines shall be entirely unenforceable for any party thereto that subsequently enters into another agreement that addresses jurisdictional boundary lines that is in conflict with any of the terms of the first agreement without the consent of all parties to the first agreement.
For purposes of this Section, it shall not be considered a "conflict" when a municipality that is a party to a jurisdictional boundary line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary line agreement.
This amendatory Act of 1990 is declarative of the existing law and
shall not be construed to modify or amend existing boundary line
agreements, nor shall it be construed to create powers of a municipality not
already in existence.
Except for those provisions to take effect prospectively, this amendatory Act of the 94th General Assembly is declarative of existing law and shall not be construed to modify or amend existing boundary line agreements entered into on or before the effective date of this amendatory Act, nor shall it be construed to create powers of a municipality not already in existence on the effective date of this amendatory Act.
(Source: P.A. 99-292, eff. 8-6-15.)
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65 ILCS 5/11-12-10
(65 ILCS 5/11-12-10) (from Ch. 24, par. 11-12-10)
Sec. 11-12-10.
The provisions of this amendatory Act of 1961 shall not
affect the validity of any official plan or map adopted and in force prior
to the effective date hereof.
(Source: Laws 1961, p. 2757.)
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65 ILCS 5/11-12-11
(65 ILCS 5/11-12-11) (from Ch. 24, par. 11-12-11)
Sec. 11-12-11.
If a municipality has adopted an official plan or map
pursuant to the authority granted by this Division 12, the territory
subject to that plan shall be exempt from the application of any less
restrictive rules or regulations adopted by a County Board under the
provisions of Section 5-1042 of the Counties Code.
(Source: P.A. 86-1475.)
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65 ILCS 5/11-12-12
(65 ILCS 5/11-12-12) (from Ch. 24, par. 11-12-12)
Sec. 11-12-12.
No map or plat of any subdivision presented for record
affecting land (1) within the corporate limits of any municipality which
has heretofore adopted, or shall hereafter adopt an ordinance including an
official map in the manner prescribed in this Division 12, or (2) within
contiguous territory which is not more than 1 1/2 miles beyond
the corporate limits of an adopting municipality, shall be entitled to
record or shall be valid unless the subdivision shown thereon provides for
streets, alleys, public ways, ways for public service facilities, storm and
flood water run-off channels and basins, and public grounds, in conformity
with the applicable requirements of the ordinances including the official
map; provided, that a certificate of approval by the corporate authorities,
certified by the clerk of the municipality in whose jurisdiction the land
is located, or a certified copy of an order of the circuit court directing
the recording as provided in Section 11-12-8, shall be sufficient evidence
of compliance with this section upon which the recorder may accept
the plat for recording.
The provisions of this Section do not apply to any plat for consolidation
of 2 or more contiguous parcels, located within any territory
that is outside of the corporate limits of a municipality but within a county
that has adopted a subdivision ordinance and that has a population of more than
250,000, into a smaller
number of
parcels if the sole purpose of the consolidation
is to bring a non-conforming parcel into conformance with local
zoning requirements.
The exemption created by this amendatory Act of the 92nd General Assembly
does not apply to a plat for consolidation for an area in excess of 10 acres
or to any consolidation that results in a plat of more than 10 individual lots
following the consolidation. If the county receives a request to approve a plat
for consolidation pursuant to this Section, the county must notify
all municipalities located within 1 1/2 miles of the subject property within 10
days after receiving the request.
(Source: P.A. 92-361, eff. 1-1-02.)
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65 ILCS 5/11-12-13
(65 ILCS 5/11-12-13)
Sec. 11-12-13.
Joint plan commissions.
Whenever the corporate
authorities of 2 or more municipalities having a population less than 500,000
determine that unincorporated land and territory lying adjacent to any one or
more of such municipalities, or land and territory comprising a portion of
such municipalities, or land and territory both lying adjacent to such
municipalities and being a part of such municipalities forms a contiguous
region and such land and territory (i) is or was formerly owned by the United
States of America or any department thereof, (ii) is located entirely within a
county having a population of not less than 500,000 nor more than 1,000,000
persons, (iii) has been annexed or is intended to be annexed to one or more of
such municipalities, and (iv) comprises not less than 500 nor more than 800
acres, the said corporate authorities are hereby empowered, by
intergovernmental agreement between or among the municipalities, to define the
boundaries of such region and to create a joint plan commission having one,
some, or all of the powers set forth in this Section.
(1) Membership of joint plan commissions. The joint plan commission shall
consist of such number of persons known as "members" as shall be set forth in
the intergovernmental agreement. The parties, acting by and through their
mayors or village presidents with the advice and consent of each of their
respective corporate
authorities, shall appoint the members who shall hold office as set forth in
such intergovernmental agreement. If authorized to do so by such
intergovernmental agreement, the joint plan commission may employ a staff to
assist in the administration and enforcement of zoning and building codes or
ordinances throughout the region.
(2) Powers and duties of joint plan commissions. The corporate authorities
by such intergovernmental agreement may provide for the joint plan commission
to have all or some of the functions, powers and duties contained in Divisions
12, 13, 14, and 15 of this Article 11 of this Code.
(a) The joint plan commission shall be a | | recommendatory body only and all recommendations thereof shall be advisory to all of the corporate authorities of the municipalities which have entered into such intergovernmental agreement and affect only that incorporated land and territory of the region lying within the corporate limits of such municipalities.
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(b) Such intergovernmental agreement may further
| | authorize such joint plan commission exclusive jurisdiction to apply and enforce the respective zoning and building codes and other applicable codes of each municipality concerning the land within the region lying within the respective corporate limits of such municipality and may provide for immediate removal of such region from the jurisdiction of such municipalities' plan commissions, zoning boards of appeal, and other bodies or officials authorized to exercise such powers and duties.
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(c) Such intergovernmental agreement may authorize
| | such joint plan commission to establish rules and procedures consistent with this Section as may be necessary to carry out the terms of such intergovernmental agreement.
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(3) Conflict resolution.
(a) In order to become effective in matters
| | within its jurisdiction, a recommendation of any such joint plan commission pursuant to this Section shall require the approval set forth in the intergovernmental agreement. The intergovernmental agreement creating a joint plan commission shall establish procedures for the consideration and approval or disapproval by such municipalities of the joint plan commission's recommendation, and for the resolution between or among the municipalities of disputes or differences arising from any recommendation of the joint plan commission. Once effective, any such recommendation regarding rezoning, variations, or special uses shall require the adoption of a suitable ordinance by the corporate authorities of only that municipality within whose corporate limits lies the land and territory which is the subject of such recommendation.
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(b) Any party to such intergovernmental agreement
| | may by civil action, mandamus, injunction or other proceeding, enforce and compel performance of the agreement.
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This amendatory Act of 1996 shall not be a limitation on home rule powers.
(Source: P.A. 89-666, eff. 8-14-96.)
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