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92_HB1085 LRB9110639MWmg 1 AN ACT concerning growth planning. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Growth Planning Act. 6 Section 5. Purpose. The General Assembly intends to 7 establish a comprehensive growth policy for this State that: 8 (1) eliminates annexation or incorporation out of fear; 9 (2) establishes incentives to annex or incorporate where 10 appropriate; 11 (3) more closely matches the timing of development and 12 the provision of public infrastructure; 13 (4) stabilizes each county's education funding base and 14 establishes an incentive for each county board to be more 15 interested in education matters; and 16 (5) minimizes suburban sprawl. 17 Section 10. Definitions: 18 "Department" means the Department of Commerce and 19 Community Affairs. 20 "Growth plan" means the plan each county must file with 21 the Department by January 1, 2004. 22 "Planned growth area" means an area established in 23 conformance with the provisions of Section 45 and approved in 24 accordance with the requirements of Section 30. 25 "Rural area" means an area established in conformance 26 with the provisions of Section 45 and approved in accordance 27 with the requirements of Section 30. 28 Section 15. Applicability. This Act applies to all 29 counties in Illinois except Cook County. -2- LRB9110639MWmg 1 Section 20. Coordinating committee; growth plan. 2 (a) Each county must establish a coordinating committee. 3 The committee must have the following members: 4 (1) The chairman of the county board, or the 5 chairman's designee. 6 (2) The mayor of each municipality in the county, 7 or the mayor's designee. 8 (3) One member representing public utilities, 9 appointed by the county board. 10 (4) One member representing agricultural interests, 11 appointed by the governing body of a soil and water 12 conservation district located in the county. 13 (5) One member representing education, appointed by 14 the school board of the school district having the 15 largest student enrollment in the county. 16 (6) One member representing business, appointed by 17 the county board. 18 (7) Two members representing environmental, 19 construction, and homeowner interests, appointed by the 20 chairman of the county board and 2 members representing 21 environmental, construction, and homeowner interests, 22 appointed by the mayor of the largest municipality in the 23 county. 24 (b) The coordinating committee shall develop a 25 recommended growth plan not later than January 1, 2003, and 26 shall submit the plan for ratification by the county board 27 and the city council of each municipality. The recommended 28 growth plan must (i) identify urban growth boundaries for 29 each municipality within the county and (ii) identify planned 30 growth areas and rural areas within the county, all in 31 conformance with the provisions of Section 45. The 32 coordinating committee must give due consideration to any 33 planned growth areas and rural areas that may be 34 timely-proposed and submitted to the coordinating committee -3- LRB9110639MWmg 1 by the county board. The coordinating committee is encouraged 2 to use planning resources that are available within the 3 county, including municipal, county, or regional planning 4 commissions. The coordinating committee is further encouraged 5 to use the services of the Department. Before finalizing the 6 recommended plan, the coordinating committee must consult 7 with the coordinating committees of the contiguous counties. 8 The Department may resolve disputes between 2 or more 9 counties in the same manner it resolves disputes between a 10 county and municipality under Section 25. 11 (c) Before finalizing the recommended growth plan, the 12 coordinating committee must conduct at least 2 public 13 hearings. The committee shall give at least 15 days advance 14 notice of the time, place, and purpose of each public hearing 15 by notice published in a newspaper of general circulation in 16 the county. 17 (d) Not later than January 1, 2004, the coordinating 18 committee must submit its recommended growth plan for 19 ratification by the county board and by the city council of 20 each municipality located in the county. Not later than 120 21 days after receiving the recommended growth plan, the county 22 board or city council, as the case may be, must either ratify 23 or reject the recommended growth plan of the coordinating 24 committee. Failure by the county board or by any city council 25 to act within the 120-day period shall be deemed to be 26 ratification of the recommended growth plan. 27 (e) If the county or any municipality in the county 28 rejects the recommended growth plan, then the county or 29 municipality shall submit its objections to the plan for 30 resolution in accordance with Section 25. 31 (f) The coordinating committee must review all 32 development that has, or may have, a regional impact in the 33 county and in contiguous counties. -4- LRB9110639MWmg 1 Section 23. Annexation agreements and other agreements. 2 (a) A municipality may make binding agreements with 3 other municipalities and with counties to refrain from 4 exercising any power or privilege granted to the municipality 5 by law, to any degree contained in the agreement including, 6 but not limited to, the authority to annex. 7 (b) A county may make binding agreements with 8 municipalities to refrain from exercising any power or 9 privilege granted to the county by law, to any degree 10 contained in the agreement including, but not limited to, the 11 authority to receive revenue. 12 (c) Any agreement made pursuant to this Section need not 13 have a set term, but after the agreement has been in effect 14 for 5 years, any party upon giving 90 days' written notice to 15 the other parties is entitled to a renegotiation or 16 termination of the agreement. 17 (d) Notwithstanding any provisions of law to the 18 contrary, any annexation agreement or any agreement of any 19 kind either between municipalities or between municipalities 20 and counties setting out areas reserved for future municipal 21 annexation and in effect on the effective date of this Act 22 are ratified and remain binding and in full force and effect. 23 Any such agreement may be amended from time to time by mutual 24 agreement of the parties. Any such agreement or amendment may 25 not be construed to abrogate the application of any provision 26 of this Act to the area annexed under the agreement or 27 amendment. 28 (e) Nothing in this Section prohibits written contracts 29 between municipalities and property owners relative to the 30 exercise of a municipality's rights of annexation or operates 31 to invalidate an annexation ordinance in existence on the 32 effective date of this Act. 33 Section 25. Rejection of growth plan; dispute -5- LRB9110639MWmg 1 resolution. 2 (a) If the county or any municipality rejects the 3 recommended growth plan, then the coordinating committee must 4 reconsider its action. After reconsideration of the plan, the 5 coordinating committee may recommend a revised growth plan 6 and may submit the revised growth plan for ratification by 7 the county board and the city council of each municipality. 8 If a recommended growth plan or revised growth plan is 9 rejected, then the county or any municipality may declare the 10 existence of an impasse and may request the Department to 11 provide an alternative method for resolution of disputes 12 preventing ratification of a growth plan. 13 (b) Upon receiving a request for dispute resolution, the 14 Department shall promptly appoint a dispute resolution panel. 15 The panel shall consist of 3 members each of whom shall be 16 appointed from the ranks of the administrative law judges 17 employed by the Department and each of whom shall possess 18 formal training in the methods and techniques of dispute 19 resolution and mediation; provided, however, if the county 20 and all municipalities agree, the Department may appoint a 21 single administrative law judge rather than a panel of 3 22 members. No member of the panel, or of the immediate family 23 of any the member or the member's spouse, may be a resident, 24 property owner, official, or employee of the county or of any 25 municipality located in the county. 26 (c) The panel shall attempt to mediate the unresolved 27 disputes. If, after reasonable efforts, mediation does not 28 resolve the disputes, then the panel shall propose a 29 non-binding resolution of the dispute. The county board and 30 the municipalities must be given a reasonable period in which 31 to consider the proposal. If the county board and the city 32 councils of municipalities do not accept and approve the 33 resolution, they may submit final recommendations to the 34 panel. For the sole purpose of resolving the impasse, the -6- LRB9110639MWmg 1 panel shall adopt a growth plan. In mediating the dispute or 2 in making a proposal, the panel may consult with the 3 University of Illinois and others with expertise in urban 4 planning, growth, and development. The growth plan adopted by 5 the panel shall conform to the provisions of Section 45. 6 (d) The Department must certify the reasonable and 7 necessary costs incurred by the dispute resolution panel, 8 including, but not necessarily limited to, salaries, 9 supplies, travel expenses, and staff support for the panel 10 members. The county and the municipalities must reimburse the 11 Department for those costs, to be allocated on a pro rata 12 basis calculated on the number of persons residing within 13 each of the municipalities and the number of persons residing 14 within the unincorporated areas of the county; provided, 15 however, if the dispute resolution panel determines that the 16 dispute resolution process was necessitated or unduly 17 prolonged by bad faith or frivolous actions on the part of 18 the county or one or more of the municipalities then the 19 Department may, upon the recommendation of the panel, 20 reallocate liability for the reimbursement in a manner 21 clearly punitive to the party acting frivolously or in bad 22 faith. 23 (e) If a county or municipality fails to reimburse its 24 allocated or reallocated share of panel costs to the 25 Department after 60 days' notice of the costs, the 26 Department of Revenue shall deduct the costs from a county's 27 or a municipality's share of sales taxes. 28 Section 30. Approval of growth plan by Department. 29 (a) No later than January 1, 2004, the growth plan 30 recommended or revised by the coordinating committee and 31 ratified by the county and each municipality located in the 32 county or alternatively adopted by a dispute resolution panel 33 shall be submitted to the Department. If planned growth areas -7- LRB9110639MWmg 1 and rural areas were recommended or revised by a coordinating 2 committee and ratified by the county and each municipality in 3 the county, then the Department must grant its approval, and 4 the growth plan shall become immediately effective. In all 5 other cases, if the Department determines that the urban 6 growth boundaries, planned growth areas, and rural areas 7 conform with the provisions of Section 45, then the 8 Department must grant its approval and the growth plan shall 9 immediately become effective; provided, however that if the 10 Department determines that the planned growth areas or rural 11 areas in any way do not conform with the provisions of 12 Section 45, the Department shall adopt and grant its approval 13 of alternative planned growth areas or rural areas for the 14 sole purpose of making the adjustments necessary to achieve 15 conformance with the provisions of Section 45. The 16 alternative planned growth areas or rural areas shall 17 supersede and replace all conflicting urban growth 18 boundaries, planned growth areas, or rural areas and shall 19 immediately become effective as the growth plan. 20 (b) After the Department has approved a growth plan, the 21 Department shall forward a copy to the chairman of the county 22 board who shall file the plan in the recorder's office. The 23 recorder may not impose a fee on the chairman of the county 24 board for this service. 25 Section 35. Amendment of growth plan. After the 26 Department approves a growth plan, the plan shall stay in 27 effect for not less than 3 years absent a showing of 28 extraordinary circumstances. After the expiration of the 29 3-year period, a municipality or county may propose an 30 amendment to the growth plan by filing notice with the 31 chairman of the county board and with the mayor of each 32 municipality in the county. Upon receipt of the notice, those 33 officials shall take appropriate action to promptly reconvene -8- LRB9110639MWmg 1 or re-establish the coordinating committee. The burden of 2 proving the reasonableness of the proposed amendment shall be 3 upon the party proposing the change. The procedures for 4 amending the growth plan shall be the same as the procedures 5 in Sections 20, 25, and 30 for establishing the original 6 plan. 7 Section 40. Judicial review. 8 (a) The affected county, an affected municipality, a 9 resident of the county, or an owner of real property located 10 in the county is entitled to judicial review under this 11 Section. The provisions of this Section are the exclusive 12 method for judicial review of the growth plan and its planned 13 growth areas and rural areas. Proceedings for review shall be 14 instituted by filing a petition for review in the circuit 15 court of the affected county. The petition must be filed 16 during a 60-day period after final approval of the planned 17 growth areas and rural areas by the Department. In accordance 18 with the provisions of the Code of Civil Procedure pertaining 19 to service of process, copies of the petition shall be served 20 upon the Department, the county, and each municipality 21 located in the county. 22 (b) Judicial review shall be de novo and shall be 23 conducted by the circuit court without a jury. The petitioner 24 has the burden of proving, by a preponderance of the 25 evidence, that the planned growth areas or rural areas are 26 invalid because the adoption or approval of them was granted 27 in an arbitrary, capricious, illegal, or other manner 28 characterized by abuse of official discretion. The filing of 29 the petition for review does not itself stay effectiveness of 30 the planned growth areas and rural areas; provided, however, 31 the court may order a stay upon appropriate terms if it is 32 shown to the satisfaction of the court that any party or the 33 public at large is likely to suffer significant injury if a -9- LRB9110639MWmg 1 stay is not granted. If more than one petition is filed 2 within the county, then all the petitions shall be 3 consolidated and reviewed as a single civil action. 4 (c) If the court finds by a preponderance of the 5 evidence that the planned growth areas or rural areas are 6 invalid because the adoption or approval of them was granted 7 in an arbitrary, capricious, illegal, or other manner 8 characterized by abuse of official discretion, an order shall 9 be entered vacating the growth plan, in whole or in part, and 10 remanding the growth plan to the county and the 11 municipalities in order to identify and obtain adoption or 12 approval of urban growth boundaries, planned growth areas, or 13 rural areas in conformance with the procedures set forth 14 within Sections 20, 25, and 30. 15 (d) Any party to the suit, aggrieved by the ruling of 16 the circuit court, may obtain a review of the final judgment 17 of the circuit court by appeal to the Appellate Court in the 18 judicial district in which the circuit court is located. 19 Section 45. Planned growth areas; rural areas. 20 (a) Each planned growth area of a county must: 21 (1) Identify territory that is reasonably compact 22 yet sufficiently large to accommodate residential and 23 nonresidential growth projected to occur during the next 24 20 years. 25 (2) Identify territory that is not within the 26 existing boundaries of any municipality. 27 (3) Identify territory that a reasonable and 28 prudent person would project as the likely site of 29 high-density or moderate-density commercial, industrial, 30 and residential growth over the next 20 years based on 31 historical experience, economic trends, population growth 32 patterns, topographical characteristics, and, if 33 available, professional planning, engineering, and -10- LRB9110639MWmg 1 economic studies. 2 (4) Identify territory that is not contained within 3 urban growth boundaries. 4 (5) Reflect the county's duty to manage natural 5 resources and to manage and control urban growth, taking 6 into account the impact to agricultural lands, forests, 7 water quality, and wildlife habitat. 8 Before formally proposing any planned growth area to the 9 coordinating committee, the county shall develop and report 10 population growth projections. The projections shall be 11 developed in conjunction with the University of Illinois. The 12 county shall also determine and report the projected costs of 13 providing urban-type core infrastructure, urban services, and 14 public facilities throughout the territory under 15 consideration for inclusion within the planned growth area as 16 well as the feasibility of recouping the costs by imposition 17 of fees or taxes within the planned growth area. The county 18 shall also determine and report on the need for additional 19 land suitable for high-density industrial, commercial, and 20 residential development after taking into account all areas 21 within the current boundaries of municipalities that can be 22 used, reused, or redeveloped to meet those needs. The county 23 shall also determine and report on the likelihood that the 24 territory under consideration for inclusion within the 25 planned growth area will eventually incorporate as a new 26 municipality or be annexed. The county shall also examine and 27 report on agricultural lands, forests, water quality, and 28 wildlife habitat within the territory under consideration for 29 inclusion within the planned growth area and shall examine 30 and report on the likely long-term effects of urban expansion 31 on those agricultural lands, forests, recreational areas, and 32 wildlife management areas. 33 Before a county board may propose planned growth areas to 34 the coordinating committee, the county must hold at least 2 -11- LRB9110639MWmg 1 public hearings. Notice of the time, place, and purpose of 2 the public hearing shall be published in a newspaper of 3 general circulation in the county not less than 15 days 4 before each hearing. 5 (b) Each rural area must: 6 (1) Identify territory that is not within urban 7 growth boundaries. 8 (2) Identify territory that is not within a planned 9 growth area. 10 (3) Identify territory that, over the next 20 11 years, is to be preserved as agricultural lands, forests, 12 recreational areas, wildlife habitat, wetlands, or for 13 uses other than high-density commercial, industrial, or 14 residential development. 15 (4) Reflect the county's duty to manage growth and 16 natural resources in a manner that reasonably minimizes 17 detrimental impact to agricultural lands, forests, water 18 quality, and wildlife habitat. 19 Before a county board may propose rural areas to the 20 coordinating committee, the county must hold at least 2 21 public hearings. Notice of the time, place, and purpose of 22 the public hearing shall be published in a newspaper of 23 general circulation in the county not less than 15 days 24 before each hearing. 25 Section 50. Land use after growth plan approval. After 26 the Department approves a growth plan, all land use decisions 27 made by the county must be consistent with the growth plan. 28 The growth plan must include, at a minimum, documents 29 describing and depicting municipal corporate limits, as well 30 as urban growth boundaries, planned growth areas, if any, and 31 rural areas, if any. The purpose of a growth plan is to 32 direct the coordinated, efficient, and orderly development of 33 the unit of local government that will, based on an analysis -12- LRB9110639MWmg 1 of present and future needs, best promote the public health, 2 safety, morals, and general welfare of the public. A growth 3 plan may address land use, transportation, public 4 infrastructure, housing, and economic development. The goals 5 and objectives of a growth plan include the need to: 6 (1) Provide a unified physical design for the 7 development of the local community. 8 (2) Encourage a pattern of compact and contiguous high 9 density development to be guided into urban areas or planned 10 growth areas. 11 (3) Establish an acceptable and consistent level of 12 public services and community facilities and ensure timely 13 provision of those services and facilities. 14 (4) Promote the adequate provision of employment 15 opportunities and the economic health of the region. 16 (5) Conserve features of significant statewide or 17 regional architectural, cultural, historical, or 18 archaeological interest. 19 (6) Protect life and property from the effects of 20 natural hazards, such as flooding, winds, and wildfires. 21 (7) Take into consideration any other matters that may 22 be logically related to or form an integral part of a plan 23 for the coordinated, efficient and orderly development of the 24 local community. 25 (8) Provide for a variety of housing choices and assure 26 affordable housing for future population growth. 27 Section 55. Consideration for grants by Department. 28 Upon approval of a county's growth plan by the Department, 29 the Department may give the county additional consideration 30 for any grants that the Department determines by rule. The 31 Department may, by rule, make grant programs unavailable to 32 counties that do not have approved growth plans. -13- LRB9110639MWmg 1 Section 60. Home rule. A home rule unit may not adopt a 2 growth plan in a manner that is inconsistent with the 3 provisions of this Act. This Section is a limitation under 4 subsection (i) of Section 6 of Article VII of the Illinois 5 Constitution on the concurrent exercise by home rule units of 6 powers and functions exercised by the State. 7 Section 65. Severability. If any provision of this Act 8 or its application to any person or circumstance is held 9 invalid, the invalidity of that provision or application does 10 not affect other provisions or applications of this Act that 11 can be given effect without the invalid provision or 12 application. 13 Section 90. The State Mandates Act is amended by adding 14 Section 8.25 as follows: 15 (30 ILCS 805/8.25 new) 16 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 17 and 8 of this Act, no reimbursement by the State is required 18 for the implementation of any mandate created by this 19 amendatory Act of the 92nd General Assembly. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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