State of Illinois
91st General Assembly
Legislation

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91_HB4144eng

 
HB4144 Engrossed                              LRB9111020MWgcA

 1        AN ACT in relation to condominiums.

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

 4        Section  3.   The  Counties  Code  is amended by changing
 5    Section 5-1041 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  authority  granted  to  county  boards under this
17    Section does not apply to condominium campgrounds in non-home
18    rule counties with a population of less than 35,000 according
19    to  the  1990  federal  Decennial  Census.   A   "condominium
20    campground", for purposes of this Section, is a campground as
21    defined in the Campground Licensing and Recreational Area Act
22    in  which  individual  units are sold. This amendatory Act of
23    the 91st General Assembly is declarative of existing law.
24        The rules and regulations  may  include  such  reasonable
25    requirements   with   respect  to  water  supply  and  sewage
26    collection  and  treatment  as  may  be  established  by  the
27    Environmental  Protection   Agency,   and   such   reasonable
28    requirements   with  respect  to  floodplain  and  stormwater
29    management as may be established  by  the  County  Stormwater
30    Management Committee established under Section 5-1062 of this
31    Code, and such reasonable requirements with respect to street
 
HB4144 Engrossed            -2-               LRB9111020MWgcA
 1    drainage  and  surfacing  as may be established by the county
 2    engineer  or  superintendent  of  highways   and   which   by
 3    resolution  shall be deemed to be the minimum requirements in
 4    the interest of the health, safety, education and convenience
 5    of the public of the county; and may  provide  by  resolution
 6    that  the  map, plat or subdivision shall be submitted to the
 7    county board or to some  officer  to  be  designated  by  the
 8    county  board  for  their  or  his approval. The county board
 9    shall have a qualified  engineer  make  an  estimate  of  the
10    probable  expenditures  necessary  to  enable  any  person to
11    conform with the standards of construction established by the
12    board pursuant to the provisions of this Section.  Except  as
13    provided  in  Section  3 of the Public Construction Bond Act,
14    each person who seeks the county board's approval of  a  map,
15    plat  or subdivision shall post a good and sufficient bond or
16    other adequate security with the county clerk, in a penal sum
17    sufficient to cover the estimate of expenditures made by  the
18    estimating  engineer.  The  bond  or  other adequate security
19    shall be conditioned upon faithful adherence to the rules and
20    regulations of the county board promulgated pursuant  to  the
21    authorization  granted  to  it  by this Section or by Section
22    5-1062 of this Code, and in such cases no such map,  plat  or
23    subdivision  shall be entitled to record in the proper county
24    or have any validity until it  has  been  so  approved.  This
25    Section is subject to the provisions of Section 5-1123.
26        The  county  board may, by resolution, provide a schedule
27    of fees sufficient to reimburse  the  county  for  the  costs
28    incurred  in  reviewing  such  maps,  plats  and subdivisions
29    submitted  for  approval  to  the  county  board.  The   fees
30    authorized  by  this  Section are to be paid into the general
31    corporate fund of the county by the party  desiring  to  have
32    the plat approved.
33        No  officer designated by a county board for the approval
34    of plats shall engage in the business of  surveying,  and  no
 
HB4144 Engrossed            -3-               LRB9111020MWgcA
 1    map, plat or subdivision shall be received for record or have
 2    any  validity  which  has  been  prepared  by  or  under  the
 3    direction of such plat officer.
 4        It  is  the  intention  of this amendatory Act of 1990 to
 5    repeal the language added to Section  25.09  of  "An  Act  to
 6    revise  the  law in relation to counties", approved March 31,
 7    1874, by P.A. 86-614, Section 25.09 of  that  Act  being  the
 8    predecessor of this Section.
 9    (Source: P.A. 90-558, eff. 12-12-97; 91-328, eff. 1-1-00.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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