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90_SB0920
55 ILCS 5/5-1041 from Ch. 34, par. 5-1041
55 ILCS 5/5-1042 from Ch. 34, par. 5-1042
65 ILCS 5/11-12-8 from Ch. 24, par. 11-12-8
Amends the Counties Code and the Municipal Code.
Provides that the Sections concerning bonding requirements in
relation to maps, plats, and subdivisions are subject to the
provisions (i) that state that a county or municipality may
not require a cash bond if an irrevocable letter of credit is
filed and (ii) that set out the duties of the county or
municipality concerning cash bonds. Effective immediately.
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1 AN ACT concerning builders and developers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 5-1041 and 5-1042 as follows:
6 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
7 Sec. 5-1041. Maps, plats and subdivisions. A county board
8 may prescribe, by resolution or ordinance, reasonable rules
9 and regulations governing the location, width and course of
10 streets and highways and of floodplain, stormwater and
11 floodwater runoff channels and basins, and the provision of
12 necessary public grounds for schools, public libraries, parks
13 or playgrounds, in any map, plat or subdivision of any block,
14 lot or sub-lot or any part thereof or any piece or parcel of
15 land, not being within any city, village or incorporated
16 town. The rules and regulations may include such reasonable
17 requirements with respect to water supply and sewage
18 collection and treatment as may be established by the
19 Environmental Protection Agency, and such reasonable
20 requirements with respect to floodplain and stormwater
21 management as may be established by the County Stormwater
22 Management Committee established under Section 5-1062 of this
23 Code, and such reasonable requirements with respect to street
24 drainage and surfacing as may be established by the county
25 engineer or superintendent of highways and which by
26 resolution shall be deemed to be the minimum requirements in
27 the interest of the health, safety, education and convenience
28 of the public of the county; and may provide by resolution
29 that the map, plat or subdivision shall be submitted to the
30 county board or to some officer to be designated by the
31 county board for their or his approval. The county board
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1 shall have a qualified engineer make an estimate of the
2 probable expenditures necessary to enable any person to
3 conform with the standards of construction established by the
4 board pursuant to the provisions of this Section. Each person
5 who seeks the county board's approval of a map, plat or
6 subdivision shall post a good and sufficient bond or other
7 adequate security with the county clerk, in a penal sum
8 sufficient to cover the estimate of expenditures made by the
9 estimating engineer. The bond or other adequate security
10 shall be conditioned upon faithful adherence to the rules and
11 regulations of the county board promulgated pursuant to the
12 authorization granted to it by this Section or by Section
13 5-1062 of this Code, and in such cases no such map, plat or
14 subdivision shall be entitled to record in the proper county
15 or have any validity until it has been so approved. This
16 Section is subject to the provisions of Section 5-1121 (as
17 added by P.A. 89-518).
18 The county board may, by resolution, provide a schedule
19 of fees sufficient to reimburse the county for the costs
20 incurred in reviewing such maps, plats and subdivisions
21 submitted for approval to the county board. The fees
22 authorized by this Section are to be paid into the general
23 corporate fund of the county by the party desiring to have
24 the plat approved.
25 No officer designated by a county board for the approval
26 of plats shall engage in the business of surveying, and no
27 map, plat or subdivision shall be received for record or have
28 any validity which has been prepared by or under the
29 direction of such plat officer.
30 It is the intention of this amendatory Act of 1990 to
31 repeal the language added to Section 25.09 of "An Act to
32 revise the law in relation to counties", approved March 31,
33 1874, by P.A. 86-614, Section 25.09 of that Act being the
34 predecessor of this Section.
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1 (Source: P.A. 86-962; 86-1028; 86-1039; 86-1463; 87-217;
2 87-435.)
3 (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
4 Sec. 5-1042. Maps, plats and subdivisions in certain
5 counties. In any county with a population not in excess of
6 500,000 located in the area served by the Northeastern
7 Illinois Metropolitan Planning Commission, a county board may
8 establish by ordinance or resolution of record reasonable
9 rules and regulations governing the location, width and
10 course of streets and highways, and the provision of public
11 grounds for schools, parks or playgrounds, in any map, plat
12 or subdivision of any block, lot or sub-lot or any part
13 thereof or any piece or parcel of land in the county, not
14 being within any city, village or incorporated town in the
15 county which rules and regulations may include such
16 reasonable requirements with respect to water supply and
17 sewage collection and treatment, and such reasonable
18 requirements with respect to street drainage and surfacing,
19 as may be established by the county board as minimum
20 requirements in the interest of the health, safety and
21 convenience of the public of the county; and may require by
22 ordinance or resolution of record that any map, plat or
23 subdivision shall be submitted to the county board or some
24 officer to be designated by the county board for its or his
25 approval in the manner provided in Section 5-1041, and to
26 require bonds and charge fees as provided in Section 5-1041.
27 This Section is subject to the provisions of Section 5-1121
28 (as added by P.A. 89-518).
29 (Source: P.A. 86-962; 86-1028.)
30 Section 10. The Illinois Municipal Code is amended by
31 changing Section 11-12-8 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 Section 99. Effective date. This Act takes effect upon
28 becoming law.