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1 | AN ACT in relation to municipalities.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-1041 as follows:
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6 | (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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7 | Sec. 5-1041. Maps, plats and subdivisions. A county board | ||||||
8 | may prescribe,
by resolution or ordinance, reasonable rules and | ||||||
9 | 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
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12 | necessary public grounds for schools, public libraries, parks ,
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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 town. | ||||||
16 | The rules and regulations may include
such reasonable | ||||||
17 | requirements with respect to water supply and sewage
collection | ||||||
18 | and treatment as may be established by the Environmental
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19 | Protection Agency, and such reasonable requirements with | ||||||
20 | respect to
floodplain and stormwater management as may be | ||||||
21 | established by the County
Stormwater Management Committee | ||||||
22 | established under Section 5-1062 of this
Code, and such | ||||||
23 | reasonable requirements with respect to street drainage and
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24 | surfacing as may be established by the
county engineer or | ||||||
25 | superintendent of highways and which by resolution shall
be | ||||||
26 | deemed to be the minimum
requirements in the interest of the | ||||||
27 | health, safety, education and
convenience of the public of the | ||||||
28 | county; and may provide by
resolution that the map, plat or | ||||||
29 | subdivision shall be submitted to the
county board or to some | ||||||
30 | officer to be designated by the county board for
their or his | ||||||
31 | approval. The county board shall have a qualified engineer
make | ||||||
32 | an estimate of the probable expenditures necessary to enable |
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1 | any
person to conform with the standards of construction | ||||||
2 | established by the
board pursuant to the provisions of this | ||||||
3 | Section. Except as provided in
Section 3 of the Public | ||||||
4 | Construction Bond Act, each person who seeks
the county board's | ||||||
5 | approval of a map, plat or subdivision shall post a
good and | ||||||
6 | sufficient cash bond, irrevocable letter of credit, surety
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7 | bond, or other adequate security with the county clerk,
in a | ||||||
8 | penal sum sufficient to cover the estimate of expenditures made | ||||||
9 | by the
estimating engineer. The cash bond, irrevocable letter | ||||||
10 | of credit,
surety bond, or other adequate security shall be
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11 | conditioned upon faithful adherence to the rules and | ||||||
12 | regulations of the
county board promulgated pursuant to the | ||||||
13 | authorization granted to it by
this Section or by Section | ||||||
14 | 5-1062 of this Code, and in such cases no such
map, plat or | ||||||
15 | subdivision shall be entitled to record in the proper county
or | ||||||
16 | have any validity until it has been so approved.
If the county | ||||||
17 | board requires a cash bond, letter of credit, surety, or any
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18 | other method to cover the costs and expenses and to insure | ||||||
19 | completion of the
requirements, the requirements shall be | ||||||
20 | subject to the provisions of Section
5-1123 of this Code.
This | ||||||
21 | Section is subject to the provisions of Section 5-1123.
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22 | The county board may, by resolution, provide a schedule of | ||||||
23 | fees sufficient
to reimburse the county for the costs incurred | ||||||
24 | in reviewing such maps, plats
and subdivisions submitted for | ||||||
25 | approval to the county board. The
fees authorized by this | ||||||
26 | Section are to be paid into the general
corporate fund of the | ||||||
27 | county by the party desiring to have the plat
approved.
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28 | For purposes of implementing ordinances regarding
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29 | developer donations or impact fees and only for the purpose of | ||||||
30 | expenditures
thereof, "public grounds
for schools" is defined | ||||||
31 | as including land or site
improvements, which include school | ||||||
32 | buildings or other infrastructure
necessitated and | ||||||
33 | specifically and uniquely attributable to the development
or
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34 | subdivision in question.
This amendatory
Act of the 93rd | ||||||
35 | General Assembly applies to all impact fees or developer
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36 | donations paid into a school district or held in a separate |
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1 | account or escrow
fund
by any school district or county for a | ||||||
2 | school district.
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3 | No officer designated by a county board for the approval of | ||||||
4 | plats
shall engage in the business of surveying, and no map, | ||||||
5 | plat or
subdivision shall be received for record or have any | ||||||
6 | validity which has
been prepared by or under the direction of | ||||||
7 | such plat officer.
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8 | It is the intention of this amendatory Act of 1990 to | ||||||
9 | repeal the
language added to Section 25.09 of "An Act to revise | ||||||
10 | the law in relation to
counties", approved March 31, 1874, by | ||||||
11 | P.A. 86-614, Section 25.09 of that
Act being the predecessor of | ||||||
12 | this Section.
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13 | (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
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