Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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MUNICIPALITIES65 ILCS 5/11-39-2.5
(65 ILCS 5/) Illinois Municipal Code.
(65 ILCS 5/11-39-2.5)
Permits for demolition and renovation; asbestos.
Before a municipality may issue a demolition or renovation permit for property that is regulated under Part 61 of Title 40 of the Code of Federal Regulations (NESHAP), the municipality must notify the permit applicant of the requirement to file a NESHAP notification form with the Illinois Environmental Protection Agency, as required by Section 61.145(b) of Title 40 of the Code of Federal Regulations. A municipality may seek assistance from the Illinois Environmental Protection Agency or any other State agency in developing procedures to implement the provisions of this Section.
(Source: P.A. 96-1536, eff. 3-4-11.)
65 ILCS 5/11-39-3
(65 ILCS 5/11-39-3)
Builder or developer cash bond or other surety.
(a) A municipality may not require a cash bond, irrevocable letter of
credit, surety bond, or letter of commitment issued by a bank, savings and loan
association, surety, or insurance company from a builder or developer
to guarantee completion of a project improvement when the builder or developer
has filed with the municipal clerk a
current, irrevocable letter of credit, surety bond, or letter of commitment
issued by a bank, savings and loan association, surety, or insurance company,
deemed good and sufficient
by the municipality accepting such security, in an
to or greater than 110% of the amount of the bid on each project improvement.
A builder or developer has the option to utilize a
cash bond, irrevocable letter of credit,
surety bond, or letter of commitment, issued by a bank, savings and loan
association, surety, or insurance company, deemed good and
by the municipality, to
satisfy any cash bond requirement established by a municipality.
Except for a municipality or county with a population of 1,000,000 or more,
the municipality must approve and deem a surety or insurance
company good and sufficient for the purposes set forth in this Section if the
surety or insurance company is authorized by the Illinois Department
of Insurance to sell and issue sureties in the State of Illinois.
(b) If a municipality receives a cash bond, irrevocable letter of credit,
or surety bond from a builder or developer to
guarantee completion of a project improvement, the municipality shall (i)
register the bond
the address of the project and the construction permit number and (ii) give the
builder or developer a receipt for the bond. The municipality shall establish
maintain a separate account for all cash bonds received from builders and
developers to guarantee completion of a project improvement.
(c) The municipality shall refund a cash bond to a builder or developer,
or release the irrevocable letter of credit or surety bond
60 days after the builder or developer notifies the municipality in writing of
completion of the project improvement for which the bond
For these purposes, "completion" means that the municipality has determined
that the project improvement for which the bond was required is complete or a
licensed engineer or licensed architect has certified to the builder or
developer and the municipality that the project improvement has been completed
to the applicable codes and ordinances.
The municipality shall pay interest to the builder or developer, beginning 60
days after builder or developer notifies the municipality in writing of the
project improvement, on any bond not refunded to a builder or developer, at
the rate of 1%
(d) A home rule municipality may not require or maintain cash bonds,
irrevocable letters of credit, surety bonds, or letters of commitment issued by
a bank, savings and loan association, surety, or insurance company
builders or developers in a manner inconsistent with this Section. This
Section supersedes and controls over other provisions of this Code
as they apply to and guarantee completion of a project improvement that is
required by the municipality, regardless of whether the project improvement is
a condition of annexation agreements. This
Section is a denial and limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent exercise by a
home rule municipality of powers and functions exercised by the State.
(Source: P.A. 96-1000, eff. 7-2-10.)
65 ILCS 5/11-39-4
(65 ILCS 5/11-39-4)
Once a building permit is issued, the applicable building codes of any unit of local government that are in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit.
(Source: P.A. 95-512, eff. 1-1-08.)
65 ILCS 5/Art. 11 Div. 39.1
(65 ILCS 5/Art. 11 Div. 39.1 heading)
COMMUNITY PLANNING AND DEVELOPMENT
65 ILCS 5/11-39.1-1
(65 ILCS 5/11-39.1-1)
(from Ch. 24, par. 11-39.1-1)
Each municipality may receive funds from
the United States Government under the "Housing and Community Development
Act of 1974", Public Law 93-383, and may disburse those funds and
other municipal funds for the community development program activities specified
in Section 105 of that Act. The powers granted by this Section
are in addition to powers otherwise possessed by a municipality and
shall not be construed as a limitation of such other powers.
The provisions of this Section are not a limitation on the
powers of a home rule municipality.
(Source: P.A. 79-388.)
65 ILCS 5/Art 11 prec Div 40
(65 ILCS 5/Art 11 prec Div 40 heading)
65 ILCS 5/Art. 11 Div. 40
(65 ILCS 5/Art. 11 Div. 40 heading)
SPEED, SAFETY AND
DISPOSITION OF VEHICLES
65 ILCS 5/11-40-1
(65 ILCS 5/11-40-1)
(from Ch. 24, par. 11-40-1)
The corporate authorities of each municipality may regulate,
subject to the provisions of "The Illinois Vehicle Code", as now and hereafter
amended, the speed of animals, vehicles, cars and locomotives. The corporate
authorities may also regulate vehicles conveying loads within the municipality.
(Source: P.A. 81-840.)
65 ILCS 5/11-40-2
(65 ILCS 5/11-40-2)
(from Ch. 24, par. 11-40-2)
Any city, village or incorporated town having a population
of 40,000 or over, may, by ordinance, require the resident owner of a motor
vehicle to submit, not more often than semi-annually, such motor vehicle
for inspection to determine the sufficiency of the equipment required by
"The Illinois Vehicle Code", as now and hereafter amended, for safe operation
on public highways and may provide testing stations, located at convenient
places in each such city, village or incorporated town, for the inspection
of such equipment. The testing stations may be constructed, maintained and
operated from funds authorized to be appropriated for such purpose by Section
8-11-4. No fee shall be charged such owner for such inspection.
(Source: P.A. 81-840.)
65 ILCS 5/11-40-2a
(65 ILCS 5/11-40-2a)
(from Ch. 24, par. 11-40-2a)
Except as otherwise provided in this Section, the
corporate authorities of any city of 1,000,000 or more
inhabitants may, subject to the provisions of "The Illinois Vehicle Code",
as now and hereafter amended regulate, license and prescribe safety requirements
for motor vehicles used to transport for hire students to or from a school
where students are in attendance except (a) those belonging to or used by
a common carrier or public utility operating under the jurisdiction of the
Illinois Commerce Commission, and (b) those under the jurisdiction of the
State Board of Education or owned
by the Chicago Transit Authority. However, no such municipality,
including any home rule unit, may require that school buses be equipped
with seat safety belts while transporting students who reside and attend
schools situated outside of the corporate limits of the municipality, and
it is declared to be the law of this State, pursuant to paragraph (g) of
Section 6 of Article VII of the Illinois Constitution, that this amendatory
Act of 1986 is a limitation on and denial of the powers of a home rule unit
to impose such a requirement. In this Section "school" means any public,
private or parochial elementary or secondary school or nursery.
(Source: P.A. 84-1374.)
65 ILCS 5/11-40-2b
(65 ILCS 5/11-40-2b)
(from Ch. 24, par. 11-40-2b)
No municipality with fewer than 1,000,000 inhabitants may
regulate or prescribe safety requirements for motor vehicles
used to transport for hire students to or from a school where students are
This Section does not prohibit any municipality from which such vehicles
originate their operation from registering such vehicles or requiring the
purchase of vehicle stickers where no regulatory requirements are imposed.
This Section is a limitation on the power of home rule municipalities
with fewer than 1,000,000 inhabitants, and the regulation and
prescribing of safety requirements for such motor vehicles is declared an exclusive
State function in municipalities with fewer than 1,000,000 inhabitants under
Article VII, Section 6, paragraph (h) of the Constitution.
(Source: P.A. 82-1011.)