Public Act 90-0558 of the 90th General Assembly
Public Act 90-0558
HB2161 Re-Enrolled LRB9004828PTcw
AN ACT concerning units of local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Public Construction Bond Act is amended
by changing Section 3 as follows:
(30 ILCS 550/3)
Sec. 3. Builder or developer cash bond.
(a) A county or municipality may not require a cash bond
from a builder or developer to guarantee completion of a
project improvement when the builder or developer has filed
with the county or 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 with good and sufficient by the county or
municipality accepting such security, sureties with the
county or municipal clerk in an amount equal to or greater
than 110% of the amount of the bid on each project
improvement. A builder or developer may elect to utilize an
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 county or municipality, to satisfy any cash bond
requirement established by a county or municipality.
(b) If a county or municipality receives a cash bond
from a builder or developer to guarantee completion of a
project improvement, the county or municipality shall (i)
register the bond under the address of the project and the
construction permit number and (ii) give the builder or
developer a receipt for the bond. The county or municipality
shall establish and maintain a separate account for all cash
bonds received from builders and developers to guarantee
completion of a project improvement.
(c) The county or municipality shall refund a cash bond
to a builder or developer within 60 days after the builder or
developer notifies the county or municipality in writing of
the completion of the project improvement for which the bond
was required. For these purposes, "completion" means that the
county or 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 county or municipality that the
project improvement has been completed to the applicable
codes and ordinances. The county or municipality shall pay
interest to the builder or developer, beginning 60 days after
the builder or developer notifies the county or municipality
in writing of the completion of the project improvement, on
any bond not refunded to a builder or developer, at the rate
of 1% per month.
(d) A home rule county or municipality may not require
or maintain cash bonds from builders or developers in a
manner inconsistent with this Section. 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 county or municipality of powers and
functions exercised by the State.
(Source: P.A. 89-518, eff. 1-1-97.)
Section 2. The Counties Code is amended by changing
Sections 5-1041, 5-1042, and 5-1123 as follows:
(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. Each person
who seeks the county board's approval of a map, plat or
subdivision shall post a good and sufficient 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 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. 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.
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. 86-962; 86-1028; 86-1039; 86-1463; 87-217;
87-435.)
(55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
Sec. 5-1042. Maps, plats and subdivisions in certain
counties. In any county with a population not in excess of
500,000 located in the area served by the Northeastern
Illinois Metropolitan Planning Commission, a county board may
establish by ordinance or resolution of record reasonable
rules and regulations governing the location, width and
course of streets and highways, and the provision of public
grounds for schools, 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 in the county, not
being within any city, village or incorporated town in the
county which rules and regulations may include such
reasonable requirements with respect to water supply and
sewage collection and treatment, and such reasonable
requirements with respect to street drainage and surfacing,
as may be established by the county board as minimum
requirements in the interest of the health, safety and
convenience of the public of the county; and may require by
ordinance or resolution of record that any map, plat or
subdivision shall be submitted to the county board or some
officer to be designated by the county board for its or his
approval in the manner provided in Section 5-1041, and to
require bonds and charge fees as provided in Section 5-1041.
This Section is subject to the provisions of Section 5-1123.
(Source: P.A. 86-962; 86-1028.)
(55 ILCS 5/5-1123)
Sec. 5-1123. 5-1121. Builder or developer cash bond.
(a) A county may not require a cash bond from a builder
or developer to guarantee completion of a project improvement
when the builder or developer has filed with the county 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 with good
and sufficient by the county accepting such security,
sureties with the county clerk in an amount equal to or
greater than 110% of the amount of the bid on each project
improvement. A builder or developer may elect to utilize an
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 county, to satisfy any cash bond requirement established
by a county.
(b) If a county receives a cash bond from a builder or
developer to guarantee completion of a project improvement,
the county shall (i) register the bond under the address of
the project and the construction permit number and (ii) give
the builder or developer a receipt for the bond. The county
shall establish and maintain a separate account for all cash
bonds received from builders and developers to guarantee
completion of a project improvement.
(c) The county shall refund a cash bond to a builder or
developer within 60 days after the builder or developer
notifies the county in writing of the completion of the
project improvement for which the bond was required. For
these purposes, "completion" means that the county 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
county that the project improvement has been completed to the
applicable codes and ordinances. The county shall pay
interest to the builder or developer, beginning 60 days after
the builder or developer notifies the county in writing of
the completion of the project improvement, on any bond not
refunded to a builder or developer, at the rate of 1% per
month.
(d) A home rule county may not require or maintain cash
bonds from builders or developers in a manner inconsistent
with this Section. 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 county of powers and functions exercised by the State.
(Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
Section 2.5. The Illinois Municipal Code is amended by
changing Sections 11-12-8 and 11-39-3 as follows:
(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.
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.
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
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 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, the requirement
shall be subject to the provisions of Section 11-39-3.
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. 83-358.)
(65 ILCS 5/11-39-3)
Sec. 11-39-3. Builder or developer cash bond.
(a) A municipality may not require a cash bond 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 with good and sufficient by the sureties with the
clerk of the municipality accepting such security, in an
amount equal to or greater than 110% of the amount of the bid
on each project improvement. A builder or developer may elect
to utilize an 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, to satisfy any cash bond
requirement established by a municipality.
(b) If a municipality receives a cash bond from a
builder or developer to guarantee completion of a project
improvement, the municipality shall (i) register the bond
under 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 and 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 within 60 days after the builder or
developer notifies the municipality in writing of the
completion of the project improvement for which the bond was
required. 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
completion of the project improvement, on any bond not
refunded to a builder or developer, at the rate of 1% per
month.
(d) A home rule municipality may not require or maintain
cash bonds from builders or developers in a manner
inconsistent with this Section. 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. 89-518, eff. 1-1-97.)
Section 3. The Sanitary District Act of 1917 is amended
by changing Section 8 as follows:
(70 ILCS 2405/8) (from Ch. 42, par. 307)
Sec. 8. The sanitary district may acquire by purchase,
condemnation, or otherwise all real and personal property,
right of way and privilege, either within or without its
corporate limits that may be required for its corporate
purposes. If real property is acquired by condemnation, the
sanitary district may not sell or lease any portion of the
property for a period of 10 years after acquisition by
condemnation is completed. If, after such 10-year period,
the sanitary district decides to sell or lease the property,
it must first offer the property for sale or lease to the
previous owner of the land from whom the sanitary district
acquired the property. If the sanitary district and such
previous owner do not execute a contract for purchase or
lease of the property within 60 days from the initial offer,
the sanitary district then may offer the property for sale or
lease to any other person. If any district formed under this
Act is unable to agree with any other sanitary district upon
the terms whereby it shall be permitted to use the drains,
channels or ditches of such other sanitary district, the
right to such use may be acquired by condemnation in any
circuit court by proceedings as provided in Section 4-17 of
the Illinois Drainage Code. The compensation to be paid for
such use may be a gross sum, or it may be in the form of an
annual rental, to be paid in yearly installments as provided
by the judgment of the court wherein such proceedings may be
had. However, when such compensation is fixed at a gross sum
all moneys for the purchase and condemnation of any property
shall be paid before possession is taken or any work done on
the premises damaged by the construction of such channel or
outlet, and in case of an appeal from the circuit court taken
by either party whereby the amount of damages is not finally
determined, then possession may be taken, if the amount of
judgment in such court is deposited at some bank or savings
and loan association to be designated by the court, subject
to the payment of such damages on orders signed by the
circuit court, whenever the amount of damages is finally
determined. The sanitary district may sell, convey, vacate
and release the real or personal property, right of way and
privileges acquired by it when no longer required for the
purposes of the district.
(Source: P.A. 84-452; 84-545.)
Section 5. The Sanitary District Act of 1936 is amended
by adding Sections 8.1 and 8.2 and by changing Sections 10
and 32a.3 as follows:
(70 ILCS 2805/8.1 new)
Sec. 8.1. Private funding of public sewers;
reimbursement; contract. If one or more persons pay for
building a sewer to be dedicated to the sanitary district as
a public sewer, and if the sewer will, in the opinion of the
board of trustees, be used for the benefit of property whose
owners did not contribute to the cost of the sewer's
construction, the board of trustees may provide for
reimbursement of some or all of the expenses of the persons
who paid for the sewer as provided in this Section. The
board of trustees may, by contract, agree to reimburse the
persons who paid for the sewer, in whole or in part, for a
portion of their costs. The reimbursement shall be made from
fees collected from owners of property who did not contribute
to the cost of the sewer when it was built. The contract
shall describe the property that, in the opinion of the board
of trustees, may reasonably be expected to use and benefit
from the sewer and shall specify the amount of proportion of
the cost of the sewer that is to be incurred primarily for
the benefit of that property. The contract shall provide
that the sanitary district shall collect the fees charged to
owners of property not contributing to the cost of the sewer
as a condition to the connection to and use of the sewer by
the respective properties of each owner. The contract may
provide for the payment of a reasonable amount of interest or
other charge on the amount expended in completing the sewer,
with interest to be calculated from and after the date of
completion of the sewer. Nothing in this Section shall be
construed to require an owner of property described in a
contract to connect such property to the sewer or to pay a
fee if such property is not connected to the sewer.
(70 ILCS 2805/8.2 new)
Sec. 8.2. Filing of contract. A contract entered into
under Section 8.1 between the board of trustees and persons
building a sewer to be dedicated to the sanitary district as
a public sewer shall be filed with the recorder of each
county in which all or a part of the property affected by the
contract is located. The recording of the contract in this
manner shall serve to notify persons interested in that
property of the fact that there will be a charge in relation
to that property for the connection to and use of the
facilities constructed under the contract. Failure to record
the contract does not affect the validity of the contract.
(70 ILCS 2805/10) (from Ch. 42, par. 421)
Sec. 10. The sanitary district may acquire by purchase,
condemnation, or otherwise all real and personal property,
right of way and privilege, either within or without its
corporate limits that may be required for its corporate
purposes. If real property is acquired by condemnation, the
sanitary district may not sell or lease any portion of the
property for a period of 10 years after acquisition by
condemnation is completed. If, after such 10-year period,
the sanitary district decides to sell or lease the property,
it must first offer the property for sale or lease to the
previous owner of the land from whom the sanitary district
acquired the property. If the sanitary district and such
previous owner do not execute a contract for purchase or
lease of the property within 60 days from the initial offer,
the sanitary district then may offer the property for sale or
lease to any other person. If any sanitary district formed
under this Act is unable to agree with any other sanitary
district, city, village or incorporated town upon the terms
whereby it shall be permitted to use the drains, channels or
ditches of such other sanitary district, city, village or
incorporated town, the right to such use may be acquired by
condemnation in any circuit court by proceedings as provided
in Section 4-17 of the Illinois Drainage Code. The
compensation to be paid for such use may be a gross sum, or
it may be in the form of an annual rental, to be paid in
yearly installments as and in the manner provided by the
judgment of the court wherein such proceedings may be had.
However, when such compensation is fixed at a gross sum, all
moneys for the purchase and condemnation of any property
shall be paid before possession is taken or any work done on
the premises damaged by the construction of such channel or
outlet, and in case of an appeal from the circuit court taken
by either party whereby the amount of damages is not finally
determined, then possession may be taken, if the amount of
the judgment in such court is deposited at some bank or
savings and loan association to be designated by the court,
subject to the payment of such damages on orders signed by
such circuit court, whenever the amount of damages is finally
determined. The sanitary district may sell, convey, vacate
and release the real or personal property, right of way and
privileges acquired by it when no longer required for the
purposes of such district.
(Source: P.A. 83-1362.)
(70 ILCS 2805/32a.3) (from Ch. 42, par. 443a.3)
Sec. 32a.3. Unincorporated territory annexation.
Whenever any unincorporated territory, containing 60 acres or
less, is wholly bounded by any sanitary district organized
under this Act, that territory may be annexed by that
sanitary district by the passage of an ordinance to that
effect by the board of trustees of the sanitary district,
describing the territory to be annexed. Prior to the passage
of such ordinance, the record owners of all parcels to be
annexed shall be notified of the planned annexation. After
the passage of such ordinance of annexation a copy of such
ordinance, with an accurate map of the territory annexed,
certified as correct by the clerk of the board of trustees,
shall be filed with the County Clerk of the County in which
the annexed territory is situated.
(Source: Laws 1961, p. 550.)
Section 99. Effective date. This Act takes effect upon
becoming law.