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90_HB2161enr
70 ILCS 2805/32a.3 from Ch. 42, par. 443a.3
Amends the Sanitary District Act of 1936. Provides that
before a sanitary district may annex unincorporated territory
of 60 acres or less, the record owners of all parcels to be
annexed shall be notified.
LRB9004828PTcw
HB2161 Enrolled LRB9004828PTcw
1 AN ACT concerning units of local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Public Construction Bond Act is amended
5 by changing Section 3 as follows:
6 (30 ILCS 550/3)
7 Sec. 3. Builder or developer cash bond.
8 (a) A county or municipality may not require a cash bond
9 from a builder or developer to guarantee completion of a
10 project improvement when the builder or developer has filed
11 with the county or municipal clerk a current, irrevocable
12 letter of credit, surety bond, or letter of commitment issued
13 by a bank, savings and loan association, surety, or insurance
14 company, deemed with good and sufficient by the county or
15 municipality accepting such security, sureties with the
16 county or municipal clerk in an amount equal to or greater
17 than 110% of the amount of the bid on each project
18 improvement. A builder or developer may elect to utilize an
19 irrevocable letter of credit, surety bond, or letter of
20 commitment, issued by a bank, savings and loan association,
21 surety, or insurance company, deemed good and sufficient by
22 the county or municipality, to satisfy any cash bond
23 requirement established by a county or municipality.
24 (b) If a county or municipality receives a cash bond
25 from a builder or developer to guarantee completion of a
26 project improvement, the county or municipality shall (i)
27 register the bond under the address of the project and the
28 construction permit number and (ii) give the builder or
29 developer a receipt for the bond. The county or municipality
30 shall establish and maintain a separate account for all cash
31 bonds received from builders and developers to guarantee
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1 completion of a project improvement.
2 (c) The county or municipality shall refund a cash bond
3 to a builder or developer within 60 days after the builder or
4 developer notifies the county or municipality in writing of
5 the completion of the project improvement for which the bond
6 was required. For these purposes, "completion" means that the
7 county or municipality has determined that the project
8 improvement for which the bond was required is complete or a
9 licensed engineer or licensed architect has certified to the
10 builder or developer and the county or municipality that the
11 project improvement has been completed to the applicable
12 codes and ordinances. The county or municipality shall pay
13 interest to the builder or developer, beginning 60 days after
14 the builder or developer notifies the county or municipality
15 in writing of the completion of the project improvement, on
16 any bond not refunded to a builder or developer, at the rate
17 of 1% per month.
18 (d) A home rule county or municipality may not require
19 or maintain cash bonds from builders or developers in a
20 manner inconsistent with this Section. This Section is a
21 denial and limitation under subsection (i) of Section 6 of
22 Article VII of the Illinois Constitution on the concurrent
23 exercise by a home rule county or municipality of powers and
24 functions exercised by the State.
25 (Source: P.A. 89-518, eff. 1-1-97.)
26 Section 2. The Counties Code is amended by changing
27 Sections 5-1041, 5-1042, and 5-1123 as follows:
28 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
29 Sec. 5-1041. Maps, plats and subdivisions. A county board
30 may prescribe, by resolution or ordinance, reasonable rules
31 and regulations governing the location, width and course of
32 streets and highways and of floodplain, stormwater and
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1 floodwater runoff channels and basins, and the provision of
2 necessary public grounds for schools, public libraries, parks
3 or playgrounds, in any map, plat or subdivision of any block,
4 lot or sub-lot or any part thereof or any piece or parcel of
5 land, not being within any city, village or incorporated
6 town. The rules and regulations may include such reasonable
7 requirements with respect to water supply and sewage
8 collection and treatment as may be established by the
9 Environmental Protection Agency, and such reasonable
10 requirements with respect to floodplain and stormwater
11 management as may be established by the County Stormwater
12 Management Committee established under Section 5-1062 of this
13 Code, and such reasonable requirements with respect to street
14 drainage and surfacing as may be established by the county
15 engineer or superintendent of highways and which by
16 resolution shall be deemed to be the minimum requirements in
17 the interest of the health, safety, education and convenience
18 of the public of the county; and may provide by resolution
19 that the map, plat or subdivision shall be submitted to the
20 county board or to some officer to be designated by the
21 county board for their or his approval. The county board
22 shall have a qualified engineer make an estimate of the
23 probable expenditures necessary to enable any person to
24 conform with the standards of construction established by the
25 board pursuant to the provisions of this Section. Each person
26 who seeks the county board's approval of a map, plat or
27 subdivision shall post a good and sufficient bond or other
28 adequate security with the county clerk, in a penal sum
29 sufficient to cover the estimate of expenditures made by the
30 estimating engineer. The bond or other adequate security
31 shall be conditioned upon faithful adherence to the rules and
32 regulations of the county board promulgated pursuant to the
33 authorization granted to it by this Section or by Section
34 5-1062 of this Code, and in such cases no such map, plat or
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1 subdivision shall be entitled to record in the proper county
2 or have any validity until it has been so approved. This
3 Section is subject to the provisions of Section 5-1121 (as
4 added by P.A. 89-518).
5 The county board may, by resolution, provide a schedule
6 of fees sufficient to reimburse the county for the costs
7 incurred in reviewing such maps, plats and subdivisions
8 submitted for approval to the county board. The fees
9 authorized by this Section are to be paid into the general
10 corporate fund of the county by the party desiring to have
11 the plat approved.
12 No officer designated by a county board for the approval
13 of plats shall engage in the business of surveying, and no
14 map, plat or subdivision shall be received for record or have
15 any validity which has been prepared by or under the
16 direction of such plat officer.
17 It is the intention of this amendatory Act of 1990 to
18 repeal the language added to Section 25.09 of "An Act to
19 revise the law in relation to counties", approved March 31,
20 1874, by P.A. 86-614, Section 25.09 of that Act being the
21 predecessor of this Section.
22 (Source: P.A. 86-962; 86-1028; 86-1039; 86-1463; 87-217;
23 87-435.)
24 (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
25 Sec. 5-1042. Maps, plats and subdivisions in certain
26 counties. In any county with a population not in excess of
27 500,000 located in the area served by the Northeastern
28 Illinois Metropolitan Planning Commission, a county board may
29 establish by ordinance or resolution of record reasonable
30 rules and regulations governing the location, width and
31 course of streets and highways, and the provision of public
32 grounds for schools, parks or playgrounds, in any map, plat
33 or subdivision of any block, lot or sub-lot or any part
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1 thereof or any piece or parcel of land in the county, not
2 being within any city, village or incorporated town in the
3 county which rules and regulations may include such
4 reasonable requirements with respect to water supply and
5 sewage collection and treatment, and such reasonable
6 requirements with respect to street drainage and surfacing,
7 as may be established by the county board as minimum
8 requirements in the interest of the health, safety and
9 convenience of the public of the county; and may require by
10 ordinance or resolution of record that any map, plat or
11 subdivision shall be submitted to the county board or some
12 officer to be designated by the county board for its or his
13 approval in the manner provided in Section 5-1041, and to
14 require bonds and charge fees as provided in Section 5-1041.
15 This Section is subject to the provisions of Section 5-1121
16 (as added by P.A. 89-518).
17 (Source: P.A. 86-962; 86-1028.)
18 (55 ILCS 5/5-1123)
19 Sec. 5-1123. 5-1121. Builder or developer cash bond.
20 (a) A county may not require a cash bond from a builder
21 or developer to guarantee completion of a project improvement
22 when the builder or developer has filed with the county clerk
23 a current, irrevocable letter of credit, surety bond, or
24 letter of commitment, issued by a bank, savings and loan
25 association, surety, or insurance company, deemed with good
26 and sufficient by the county accepting such security,
27 sureties with the county clerk in an amount equal to or
28 greater than 110% of the amount of the bid on each project
29 improvement. A builder or developer may elect to utilize an
30 irrevocable letter of credit, surety bond, or letter of
31 commitment issued by a bank, savings and loan association,
32 surety, or insurance company, deemed good and sufficient by
33 the county, to satisfy any cash bond requirement established
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1 by a county.
2 (b) If a county receives a cash bond from a builder or
3 developer to guarantee completion of a project improvement,
4 the county shall (i) register the bond under the address of
5 the project and the construction permit number and (ii) give
6 the builder or developer a receipt for the bond. The county
7 shall establish and maintain a separate account for all cash
8 bonds received from builders and developers to guarantee
9 completion of a project improvement.
10 (c) The county shall refund a cash bond to a builder or
11 developer within 60 days after the builder or developer
12 notifies the county in writing of the completion of the
13 project improvement for which the bond was required. For
14 these purposes, "completion" means that the county has
15 determined that the project improvement for which the bond
16 was required is complete or a licensed engineer or licensed
17 architect has certified to the builder or developer and the
18 county that the project improvement has been completed to the
19 applicable codes and ordinances. The county shall pay
20 interest to the builder or developer, beginning 60 days after
21 the builder or developer notifies the county in writing of
22 the completion of the project improvement, on any bond not
23 refunded to a builder or developer, at the rate of 1% per
24 month.
25 (d) A home rule county may not require or maintain cash
26 bonds from builders or developers in a manner inconsistent
27 with this Section. This Section is a denial and limitation
28 under subsection (i) of Section 6 of Article VII of the
29 Illinois Constitution on the concurrent exercise by a home
30 rule county of powers and functions exercised by the State.
31 (Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
32 Section 2.5. The Illinois Municipal Code is amended by
33 changing Sections 11-12-8 and 11-39-3 as follows:
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1 (65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
2 Sec. 11-12-8. Compliance of plat with map - Designation
3 of public lands - Approval - Bond - Order - Failure to act
4 upon plat. The corporate authorities of the municipality
5 shall determine whether a proposed plat of subdivision or
6 resubdivision complies with the official map. To secure such
7 determination, the person requesting the subdivision or
8 resubdivision shall file four copies of a plat thereof with
9 the clerk of the municipality, and shall furnish therewith
10 four copies of all data necessary to show compliance with all
11 applicable municipal regulations and shall make application
12 for preliminary or final approval of the proposed plat.
13 Whenever the reasonable requirements provided by the
14 ordinance including the official map shall indicate the
15 necessity for providing for a school site, park site, or
16 other public lands within any proposed subdivision for which
17 approval has been requested, and no such provision has been
18 made therefor, the municipal authority may require that lands
19 be designated for such public purpose before approving such
20 plat. Whenever a final plat of subdivision, or part thereof,
21 has been approved by the corporate authorities as complying
22 with the official map and there is designated therein a
23 school site, park site or other public land, the corporate
24 authorities having jurisdiction of such use, be it a school
25 board, park board or other authority, such authority shall
26 acquire the land so designated by purchase or commence
27 proceedings to acquire such land by condemnation within one
28 year from the date of approval of such plat; and if it does
29 not do so within such period of one year, the land so
30 designated may then be used by the owners thereof in any
31 other manner consistent with the ordinance including the
32 official map and the zoning ordinance of the municipality.
33 The corporate authorities may by ordinance provide that a
34 plat of subdivision may be submitted initially to the plan
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1 commission for preliminary approval. The application for
2 preliminary approval shall show location and width of
3 proposed streets and public ways, shall indicate proposed
4 location of sewers and storm drains, proposed dedication of
5 public grounds, if any, lot sizes, proposed easements for
6 public utilities, and proposed method of sewage and waste
7 disposal, but need not contain specifications for proposed
8 improvements.
9 The plan Commission shall approve or disapprove the
10 application for preliminary approval within 90 days from the
11 date of the application or the filing by the applicant of the
12 last item of required supporting data, whichever date is
13 later, unless such time is extended by mutual consent. If
14 such plat is disapproved, then within said 90 days the plan
15 commission shall furnish to applicant in writing a statement
16 setting forth the reason for disapproval and specifying with
17 particularity the aspects in which the proposed plat fails to
18 conform to the ordinances including official map. If such
19 plat is approved the corporate authority shall accept or
20 reject said plat within 30 days after its next regular stated
21 meeting following the action of the plan commission.
22 Preliminary approval shall not qualify a plat for recording.
23 Application for final approval of a plat shall be made
24 not later than one year after preliminary approval has been
25 granted. This application must be supported by such drawings,
26 specifications and bond as may be necessary to demonstrate
27 compliance with all requirements of this statute and such
28 regulations as the corporate authorities may provide by
29 ordinance under authority of this statute. This Section is
30 subject to the provisions of Section 11-39-3.
31 The applicant may elect to have final approval of a
32 geographic part or parts of the plat that received
33 preliminary approval, and may delay application for approval
34 of other parts until a later date or dates beyond one year
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1 with the approval of the municipal authorities; provided, all
2 facilities required to serve the part or parts for which
3 final approval is sought have been provided. In such case
4 only such part or parts of the plat as have received final
5 approval shall be recorded.
6 When a person submitting a plat of subdivision or
7 resubdivision for final approval has supplied all drawings,
8 maps and other documents required by the municipal ordinances
9 to be furnished in support thereof, and if all such material
10 meets all municipal requirements, the corporate authorities
11 shall approve the proposed plat within 60 days from the date
12 of filing the last required document or other paper or within
13 60 days from the date of filing application for final
14 approval of the plat, whichever date is later. The applicant
15 and the corporate authorities may mutually agree to extend
16 the 60 day period.
17 The corporate authorities may provide that any person,
18 firm or corporation seeking approval of a subdivision or
19 resubdivision map or plat shall post a good and sufficient
20 bond with the municipal clerk in a penal sum sufficient to
21 cover the estimate made by the municipal engineer, or other
22 authorized person, of expenditures, including but not limited
23 to reasonable inspection fees to be borne by the applicant,
24 necessary to conform to the requirements established and
25 conditioned upon completion of said requirements in a
26 reasonable time. The corporate authorities may, by ordinance,
27 prescribe the form of the bond and may require surety to be
28 approved by the corporate authorities; provided, that a
29 municipality may permit the depositing of cash or other
30 security acceptable to the corporate authorities, to complete
31 the improvements required in lieu of a bond if it shall so
32 provide by ordinance; and further provided, that no bond or
33 security shall be required to be filed until the corporate
34 authorities have approved the plat in all other respects and
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1 have notified the applicant of such approval. If the
2 corporate authorities require a cash bond, the requirement
3 shall be subject to the provisions of Section 11-39-3.
4 If the preliminary or final plat is approved, the
5 municipal clerk shall attach a certified copy of the order or
6 resolution of approval to a copy of the plat. If the proposed
7 plat is disapproved, the order or resolution shall state the
8 reasons for the disapproval, specifying with particularity
9 the aspects in which the proposed plat fails to conform to
10 the official map. A copy of the order or resolution shall be
11 filed in the office of the municipal clerk.
12 If the corporate authorities fail to act upon the final
13 plat within the time prescribed the applicant may, after
14 giving 5 days written notice to the corporate authorities,
15 file a complaint for summary judgment in the circuit court
16 and upon showing that the corporate authorities have failed
17 to act within the time prescribed the court shall enter an
18 order authorizing the recorder to record the plat as finally
19 submitted without the approval of the corporate authorities.
20 A plat so recorded shall have the same force and effect as
21 though that plat had been approved by the corporate
22 authorities. If the corporate authorities refuse to act upon
23 the final plat within the time prescribed and if their
24 failure to act thereon is wilful, upon such showing and upon
25 proof of damages the municipality shall be liable therefor.
26 (Source: P.A. 83-358.)
27 (65 ILCS 5/11-39-3)
28 Sec. 11-39-3. Builder or developer cash bond.
29 (a) A municipality may not require a cash bond from a
30 builder or developer to guarantee completion of a project
31 improvement when the builder or developer has filed with the
32 municipal clerk a current, irrevocable letter of credit,
33 surety bond, or letter of commitment issued by a bank,
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1 savings and loan association, surety, or insurance company,
2 deemed with good and sufficient by the sureties with the
3 clerk of the municipality accepting such security, in an
4 amount equal to or greater than 110% of the amount of the bid
5 on each project improvement. A builder or developer may elect
6 to utilize an irrevocable letter of credit, surety bond, or
7 letter of commitment, issued by a bank, savings and loan
8 association, surety, or insurance company, deemed good and
9 sufficient by the municipality, to satisfy any cash bond
10 requirement established by a municipality.
11 (b) If a municipality receives a cash bond from a
12 builder or developer to guarantee completion of a project
13 improvement, the municipality shall (i) register the bond
14 under the address of the project and the construction permit
15 number and (ii) give the builder or developer a receipt for
16 the bond. The municipality shall establish and maintain a
17 separate account for all cash bonds received from builders
18 and developers to guarantee completion of a project
19 improvement.
20 (c) The municipality shall refund a cash bond to a
21 builder or developer within 60 days after the builder or
22 developer notifies the municipality in writing of the
23 completion of the project improvement for which the bond was
24 required. For these purposes, "completion" means that the
25 municipality has determined that the project improvement for
26 which the bond was required is complete or a licensed
27 engineer or licensed architect has certified to the builder
28 or developer and the municipality that the project
29 improvement has been completed to the applicable codes and
30 ordinances. The municipality shall pay interest to the
31 builder or developer, beginning 60 days after builder or
32 developer notifies the municipality in writing of the
33 completion of the project improvement, on any bond not
34 refunded to a builder or developer, at the rate of 1% per
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1 month.
2 (d) A home rule municipality may not require or maintain
3 cash bonds from builders or developers in a manner
4 inconsistent with this Section. This Section is a denial and
5 limitation under subsection (i) of Section 6 of Article VII
6 of the Illinois Constitution on the concurrent exercise by a
7 home rule municipality of powers and functions exercised by
8 the State.
9 (Source: P.A. 89-518, eff. 1-1-97.)
10 Section 3. The Sanitary District Act of 1917 is amended
11 by changing Section 8 as follows:
12 (70 ILCS 2405/8) (from Ch. 42, par. 307)
13 Sec. 8. The sanitary district may acquire by purchase,
14 condemnation, or otherwise all real and personal property,
15 right of way and privilege, either within or without its
16 corporate limits that may be required for its corporate
17 purposes. If real property is acquired by condemnation, the
18 sanitary district may not sell or lease any portion of the
19 property. If any district formed under this Act is unable to
20 agree with any other sanitary district upon the terms whereby
21 it shall be permitted to use the drains, channels or ditches
22 of such other sanitary district, the right to such use may be
23 acquired by condemnation in any circuit court by proceedings
24 as provided in Section 4-17 of the Illinois Drainage Code.
25 The compensation to be paid for such use may be a gross sum,
26 or it may be in the form of an annual rental, to be paid in
27 yearly installments as provided by the judgment of the court
28 wherein such proceedings may be had. However, when such
29 compensation is fixed at a gross sum all moneys for the
30 purchase and condemnation of any property shall be paid
31 before possession is taken or any work done on the premises
32 damaged by the construction of such channel or outlet, and in
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1 case of an appeal from the circuit court taken by either
2 party whereby the amount of damages is not finally
3 determined, then possession may be taken, if the amount of
4 judgment in such court is deposited at some bank or savings
5 and loan association to be designated by the court, subject
6 to the payment of such damages on orders signed by the
7 circuit court, whenever the amount of damages is finally
8 determined. The sanitary district may sell, convey, vacate
9 and release the real or personal property, right of way and
10 privileges acquired by it when no longer required for the
11 purposes of the district.
12 (Source: P.A. 84-452; 84-545.)
13 Section 5. The Sanitary District Act of 1936 is amended
14 by adding Sections 8.1 and 8.2 and by changing Sections 10
15 and 32a.3 as follows:
16 (70 ILCS 2805/8.1 new)
17 Sec. 8.1. Private funding of public sewers;
18 reimbursement; contract. If one or more persons pay for
19 building a sewer to be dedicated to the sanitary district as
20 a public sewer, and if the sewer will, in the opinion of the
21 board of trustees, be used for the benefit of property whose
22 owners did not contribute to the cost of the sewer's
23 construction, the board of trustees may provide for
24 reimbursement of some or all of the expenses of the persons
25 who paid for the sewer as provided in this Section. The
26 board of trustees may, by contract, agree to reimburse the
27 persons who paid for the sewer, in whole or in part, for a
28 portion of their costs. The reimbursement shall be made from
29 fees collected from owners of property who did not contribute
30 to the cost of the sewer when it was built. The contract
31 shall describe the property that, in the opinion of the board
32 of trustees, may reasonably be expected to use and benefit
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1 from the sewer and shall specify the amount of proportion of
2 the cost of the sewer that is to be incurred primarily for
3 the benefit of that property. The contract shall provide
4 that the sanitary district shall collect the fees charged to
5 owners of property not contributing to the cost of the sewer
6 as a condition to the connection to and use of the sewer by
7 the respective properties of each owner. The contract may
8 provide for the payment of a reasonable amount of interest or
9 other charge on the amount expended in completing the sewer,
10 with interest to be calculated from and after the date of
11 completion of the sewer. Nothing in this Section shall be
12 construed to require an owner of property described in a
13 contract to connect such property to the sewer or to pay a
14 fee if such property is not connected to the sewer.
15 (70 ILCS 2805/8.2 new)
16 Sec. 8.2. Filing of contract. A contract entered into
17 under Section 8.1 between the board of trustees and persons
18 building a sewer to be dedicated to the sanitary district as
19 a public sewer shall be filed with the recorder of each
20 county in which all or a part of the property affected by the
21 contract is located. The recording of the contract in this
22 manner shall serve to notify persons interested in that
23 property of the fact that there will be a charge in relation
24 to that property for the connection to and use of the
25 facilities constructed under the contract. Failure to record
26 the contract does not affect the validity of the contract.
27 (70 ILCS 2805/10) (from Ch. 42, par. 421)
28 Sec. 10. The sanitary district may acquire by purchase,
29 condemnation, or otherwise all real and personal property,
30 right of way and privilege, either within or without its
31 corporate limits that may be required for its corporate
32 purposes. If real property is acquired by condemnation, the
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1 sanitary district may not sell or lease any portion of the
2 property. If any sanitary district formed under this Act is
3 unable to agree with any other sanitary district, city,
4 village or incorporated town upon the terms whereby it shall
5 be permitted to use the drains, channels or ditches of such
6 other sanitary district, city, village or incorporated town,
7 the right to such use may be acquired by condemnation in any
8 circuit court by proceedings as provided in Section 4-17 of
9 the Illinois Drainage Code. The compensation to be paid for
10 such use may be a gross sum, or it may be in the form of an
11 annual rental, to be paid in yearly installments as and in
12 the manner provided by the judgment of the court wherein such
13 proceedings may be had. However, when such compensation is
14 fixed at a gross sum, all moneys for the purchase and
15 condemnation of any property shall be paid before possession
16 is taken or any work done on the premises damaged by the
17 construction of such channel or outlet, and in case of an
18 appeal from the circuit court taken by either party whereby
19 the amount of damages is not finally determined, then
20 possession may be taken, if the amount of the judgment in
21 such court is deposited at some bank or savings and loan
22 association to be designated by the court, subject to the
23 payment of such damages on orders signed by such circuit
24 court, whenever the amount of damages is finally determined.
25 The sanitary district may sell, convey, vacate and release
26 the real or personal property, right of way and privileges
27 acquired by it when no longer required for the purposes of
28 such district.
29 (Source: P.A. 83-1362.)
30 (70 ILCS 2805/32a.3) (from Ch. 42, par. 443a.3)
31 Sec. 32a.3. Unincorporated territory annexation.
32 Whenever any unincorporated territory, containing 60 acres or
33 less, is wholly bounded by any sanitary district organized
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1 under this Act, that territory may be annexed by that
2 sanitary district by the passage of an ordinance to that
3 effect by the board of trustees of the sanitary district,
4 describing the territory to be annexed. Prior to the passage
5 of such ordinance, the record owners of all parcels to be
6 annexed shall be notified of the planned annexation. After
7 the passage of such ordinance of annexation a copy of such
8 ordinance, with an accurate map of the territory annexed,
9 certified as correct by the clerk of the board of trustees,
10 shall be filed with the County Clerk of the County in which
11 the annexed territory is situated.
12 (Source: Laws 1961, p. 550.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.