(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 cash bond, irrevocable letter of credit, surety
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 cash bond, irrevocable letter of credit,
surety 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.
If the county board requires 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
5-1123 of this Code.
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.
For purposes of implementing ordinances regarding
developer donations or impact fees and only for the purpose of expenditures
thereof, "public grounds
for schools" is defined as including land or site
improvements, which include school buildings or other infrastructure
necessitated and specifically and uniquely attributable to the development
or
subdivision in question.
This amendatory
Act of the 93rd General Assembly applies to all impact fees or developer
donations paid into a school district or held in a separate account or escrow
fund
by any school district or county for a school district.
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. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
|