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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0906
LRB9105747MWpr
1 AN ACT concerning township plan commissions, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12009 as follows:
7 (55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
8 Sec. 5-12009. Variation by board of appeals. The
9 regulations by this Division authorized may provide that a
10 board of appeals may determine and vary their application in
11 harmony with their general purpose and intent and in
12 accordance with general or specific rules therein contained
13 in cases where there are practical difficulties or particular
14 hardship in the way of carrying out the strict letter of any
15 of such regulations relating to the use, construction or
16 alteration of buildings or structures or the use of land; or
17 the regulations by this Division authorized may provide that
18 the county board may, by ordinance or resolution determine
19 and vary their application in harmony with their general
20 purpose and intent and in accordance with general or specific
21 rules therein contained in cases where there are practical
22 difficulties or particular hardship in the way of carrying
23 out the strict letter of any such regulations relating to the
24 use, construction or alteration of buildings or structures or
25 the use of land; however, no such variation shall be made by
26 such county board without a hearing before the board of
27 appeals unless the variation sought is a variation of ten
28 percent or less of the regulations by this Division
29 authorized as to location of structures or as to bulk
30 requirements under such regulations, in which case no public
31 hearing is required and such variation may be granted by the
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1 administrative official charged with the enforcement of any
2 ordinance or resolution adopted pursuant to this Division.
3 Provided, however, that before such variation may be granted,
4 a notice of the intent to grant such variation shall be sent
5 by certified mail to all adjoining landowners. If any
6 adjoining landowner files a written objection with the
7 administrative official within 15 days of receipt of such
8 notice, the variation shall only be considered by the board
9 of appeals in the manner provided in this Section. All other
10 variations sought shall be made only by ordinance, resolution
11 or otherwise in a specific case and after a public hearing
12 before a board of appeals of which there shall be at least 15
13 days notice of the date, time and place of such hearing
14 published in a newspaper of general circulation published in
15 the township or road district in which such property is
16 located. If no newspaper is published in such township or
17 road district, then such notice shall be published in a
18 newspaper of general circulation published in the county and
19 having circulation where such property is located. The notice
20 shall contain: (1) the particular location of the real estate
21 for which the variation is requested by legal description and
22 street address, and if no street address then by locating
23 such real estate with reference to any well-known landmark,
24 highway, road, thoroughfare or intersection; (2) whether or
25 not the petitioner or applicant is acting for himself or in
26 the capacity of agent, alter ego, or representative of a
27 principal, and stating the name and address of the actual and
28 true principal; (3) whether petitioner or applicant is a
29 corporation, and if a corporation, the correct names and
30 addresses of all officers and directors, and of all
31 stockholders or shareholders owning any interest in excess of
32 20% of all outstanding stock of such corporation; (4) whether
33 the petitioner or applicant, or his principal if other than
34 applicant, is a business or entity doing business under an
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1 assumed name, and if so, the name and residence of all true
2 and actual owners of such business or entity; (5) whether the
3 petitioner or applicant is a partnership, joint venture,
4 syndicate or an unincorporated voluntary association, and if
5 so, the names and addresses of all partners, joint venturers,
6 syndicate members or members of the unincorporated voluntary
7 association; and (6) a brief statement of what the proposed
8 variation consists.
9 The costs or charges of the publication notice by this
10 Section required shall be paid by the petitioner or
11 applicant.
12 Where a variation is to be made by ordinance or
13 resolution, upon the report of the board of appeals such
14 county board may by ordinance or resolution without further
15 public hearing adopt any proposed variation or may refer it
16 back to the board of appeals for further consideration and
17 any proposed variation which fails to receive the approval of
18 the board of appeals shall not be passed except by the
19 favorable vote of 3/4 of all the members of the county board,
20 but in counties in which the county board consists of 3
21 members only a 2/3 vote is required. Every such variation,
22 whether made by the board of appeals directly or by ordinance
23 or resolution after a hearing before a board of appeals shall
24 be accompanied by a finding of fact specifying the reason for
25 making such variation.
26 If a township located within a county with a population
27 of less than 600,000 has a plan commission, and the plan
28 commission objects to a zoning variation which affects
29 unincorporated areas of the township, the township board of
30 trustees within 15 days after the public hearing before the
31 board of appeals on such zoning variation, may submit its
32 written objections to the county board of the county where
33 the unincorporated areas of the township are located. In
34 such case, the county board shall not approve the zoning
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1 variation, except by the favorable vote of 3/4 of all members
2 of the county board.
3 Appeals from final zoning decisions of the County Board
4 must be filed within one year unless a shorter filing period
5 is required by another law.
6 (Source: P.A. 89-272, eff. 8-10-95.)
7 Section 10. The Township Code is amended by changing
8 Section 105-35 as follows:
9 (60 ILCS 1/105-35)
10 Sec. 105-35. Township plan commission.
11 (a) In townships with a population of more than 500
12 located in counties with a population of less than 600,000,
13 the township board may by resolution create a township plan
14 commission. The commission shall consist of 5 members
15 appointed by the township supervisor with the advice and
16 consent of the township board. Their terms of office shall be
17 prescribed by the township board. The township supervisor
18 shall designate one of the members as chairman, and the plan
19 commission may appoint other officers it deems necessary and
20 appropriate. The township board may authorize a plan
21 commission to have necessary staff and shall pay the expenses
22 of that staff.
23 (b) Every township plan commission may have the
24 following powers and duties:
25 (1) The commission may prepare and recommend to the
26 township board a comprehensive plan for the present and
27 future development or redevelopment of the unincorporated
28 areas of the township. The plan may be adopted in whole
29 or in separate geographical or functional parts, each of
30 which, when adopted, shall be the official plan, or part
31 of the official plan, of that township. The plan may
32 include reasonable requirements with reference to
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1 streets, alleys, public grounds, and other improvements
2 specified in this Section. The plan may recommend (i)
3 establishing reasonable standards of design for
4 subdivisions and for resubdivisions of unimproved land
5 and of areas subject to redevelopment with respect to
6 public improvements as defined in this Section and (ii)
7 establishing reasonable requirements governing the
8 location, width, course, and surfacing of public streets
9 and highways, alleys, ways for public service facilities,
10 curbs, gutters, sidewalks, street lights, parks,
11 playgrounds, school grounds, size of lots to be used for
12 residential purposes, storm water drainage, water supply
13 and distribution, sanitary sewers, and sewage collection
14 and treatment.
15 (2) The commission may from time to time recommend
16 changes in the official comprehensive plan.
17 (3) The commission may from time to time prepare
18 and recommend to the township authorities plans for
19 specific improvements in pursuance of the official
20 comprehensive plan.
21 (4) The commission may give aid to the officials
22 charged with the direction of projects for improvements
23 embraced within the official plan to further the making
24 of these projects and, generally, may promote the
25 realization of the official comprehensive plan.
26 (5) The commission may prepare and recommend to the
27 township board schemes for regulating or forbidding
28 structures or activities in unincorporated areas that may
29 hinder access to solar energy necessary for the proper
30 functioning of solar energy systems, as defined in
31 Section 1.2 of the Comprehensive Solar Energy Act of
32 1977, or may recommend changes in those schemes.
33 (6) The commission may exercise other powers
34 germane to the powers granted by this Section that are
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1 conferred by the township board.
2 (c) If the county in which the township is located has
3 adopted a county zoning ordinance under Division 5-12 of the
4 Counties Code, the recommendations of the township plan
5 commission may be presented by the township board to the
6 county board of that county.
7 (Source: P.A. 86-1480; 86-1489; 87-435; 88-62.)