65 ILCS 5/11-12-8
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (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 of this  Code.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 cash bond, irrevocable letter of credit,  or surety 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 cash bond, irrevocable letter of  credit, or surety 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, letter of  credit, surety, or any other method to cover the costs and expenses and to  insure  completion of the requirements, the requirements shall be  subject to the provisions of Section 11-39-3 of this  Code.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. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)