State of Illinois
91st General Assembly
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Public Act 91-0328

HB2125 Enrolled                                LRB9101983PTpk

    AN ACT concerning construction bonds.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Counties  Code  is amended by changing
Section 5-1041 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. 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 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. 90-558, eff. 12-12-97.)

    Section 10.  The Illinois Municipal Code  is  amended  by
changing Section 11-12-8 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.
    Except  as  provided  in  Section   3   of   the   Public
Construction  Bond Act, 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. 90-558, eff. 12-12-97.)

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