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92nd General Assembly

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Public Act 92-0768

HB4023 Enrolled                                LRB9214545LBpr

    AN ACT concerning local planning.

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

    Section  1.  Short  title.   This Act may be cited as the
Local Planning Technical Assistance Act.

    Section 5.  Purposes. The purposes of this Act are to:
         (1)  Provide technical assistance to Illinois  local
    governments  that request it for the development of local
    planning ordinances and regulations.
         (2)  Encourage Illinois local governments to  engage
    in  planning, regulatory, and development approaches that
    promote and encourage comprehensive planning.
         (3)  Prepare  and   distribute   model   ordinances,
    manuals,  and  other  technical publications that promote
    and encourage comprehensive planning.
         (4)  Research and report upon the results and impact
    of activities funded by the demonstration grants.
         (5)  Support local planning efforts  in  communities
    with limited financial means.
         (6)  Support  planning  efforts  that include one or
    more units  of  local  government  or  planning  agencies
    working together.

    Section 10.  Definitions. In this Act:
    "Comprehensive  plan" means a regional plan adopted under
Section  5-14001  of   the   Counties   Code,   an   official
comprehensive  plan  adopted  under  Section  11-12-6  of the
Illinois Municipal Code, or a local land resource  management
plan  adopted  under  Section  4  of  the Local Land Resource
Management Planning Act.
    "Department"  means  the  Department  of   Commerce   and
Community Affairs.
    "Land  development  regulation"  means any development or
land use ordinance or regulation of a county or  municipality
including zoning and subdivision ordinances.
    "Local  government"  or  "unit of local government" means
any city, village, incorporated town, or county.
    "Subsidiary plan" means any portion  of  a  comprehensive
plan that guides development, land use, or infrastructure for
a  county  or  municipality  or  a  portion  of  a  county or
municipality.

    Section 15.  Technical assistance grants. The  Department
may  make  grants  to  units  of local government to develop,
update,  administer,  and  implement   comprehensive   plans,
subsidiary  plans,  land development regulations, development
incentives, market  feasibility  studies,  and  environmental
assessments  that  promote  and  encourage  the principles of
comprehensive  planning.    Comprehensive  planning  includes
appropriately and proportionally weighing the elements listed
in Section 25 of this  Act  and  including  them  within  the
comprehensive plan.
    The Department may adopt rules establishing standards and
procedures   for  determining  eligibility  for  the  grants,
regulating the use of funds under the grants,  and  requiring
periodic  reporting  of  the results and impact of activities
funded by the grants. No individual grant under this Act  may
have duration of more than 24 months.
    The  Department,  in  the  determination of grantees, may
also seek an  even  balance  of  grants  within  metropolitan
regions.

    Section 20.  Model ordinances and technical publications.
The  Department  may  prepare  model ordinances, manuals, and
other  technical  publications  that  are  founded  upon  and
promote comprehensive planning.  The Department may make  all
possible use of existing model ordinances, manuals, and other
technical    publications    that   promote   and   encourage
comprehensive planning and that  were  prepared  by  regional
planning  agencies  and  commissions, councils of government,
and other organizations.
    The   Department   may   employ   or    retain    private
not-for-profit   entities,  regional  planning  agencies  and
commissions, councils  of  government,  and  universities  to
advise,  prepare,  or  conduct  the  preparation of the model
ordinances, manuals, and other technical publications.
    The  Department  may  distribute  any  model  ordinances,
manuals, and other technical publications prepared under this
Section to all counties and  municipalities  in  this  State,
regional planning agencies and commissions in this State, the
Illinois  State  Library, all public libraries in this State,
and to other organizations and libraries at the  Department's
discretion.

    Section 25.  Use of technical assistance grants.
    (a)  Technical  assistance grants may be used to write or
revise a local  comprehensive  plan.   A  comprehensive  plan
funded  under Section 15 of this Act must address, but is not
limited to addressing, each of the following elements:
         (1)  Issues and opportunities.  The purpose of  this
    element is to state the vision of the community, identify
    the   major   trends   and  forces  affecting  the  local
    government and its citizens, set goals and standards, and
    serve as a series of guiding principles and priorities to
    implement the vision.
         (2)  Land use and natural resources.  The purpose of
    this element is to translate the  vision  statement  into
    physical   terms;  provide  a  general  pattern  for  the
    location, distribution,  and  characteristics  of  future
    land uses over a 20-year period; and serve as the element
    of  the  comprehensive plan upon which all other elements
    are based.  The land use element must be in text and  map
    form.   It must include supporting studies on population,
    the local economy, natural resources, and an inventory of
    existing land uses.
         (3)  Transportation.  The purpose of this element is
    to  consider  all  relevant  modes   of   transportation,
    including  mass  transit,  air,  water, rail, automobile,
    bicycle,  and   pedestrian   modes   of   transportation;
    accommodate  special  needs;  establish the framework for
    the acquisition, preservation, and protection of existing
    and future rights-of-way; and incorporate  transportation
    performance measures.
         (4)  Community  facilities  (schools, parks, police,
    fire, and water and sewer). The purpose of  this  element
    is  to  provide community facilities; establish levels of
    service; ensure that facilities are provided  as  needed;
    and  coordinate with other units of local government that
    provide the needed facilities.
         (5)  Telecommunications infrastructure.  The purpose
    of  this  element  is  to  coordinate  telecommunications
    initiatives;  assess  short-term  and  long-term   needs,
    especially  regarding economic development; determine the
    existing       telecommunications       services       of
    telecommunications providers; encourage investment in the
    most advanced technologies; and establish a framework for
    providing reasonable access to public rights-of-way.
         (6)  Housing.  The purpose of  this  element  is  to
    document  the present and future needs for housing within
    the  jurisdiction  of  the  local  government,  including
    affordable housing and special needs housing;  take  into
    account  the  housing  needs of a larger region; identify
    barriers  to  the  production   of   housing,   including
    affordable  housing;  access  the  condition of the local
    housing stock;  and  develop  strategies,  programs,  and
    other actions to address the needs for a range of housing
    options.
         (7)  Economic  development.   The  purpose  of  this
    element  is  to  coordinate  local  economic  development
    initiatives with those of the State; ensure that adequate
    economic   development   opportunities   are   available;
    identify  the  strategic  competitive  advantages  of the
    community  and  the  surrounding   region;   assess   the
    community's  strengths  and  weaknesses  with  respect to
    attracting  and  retaining  business  and  industry;  and
    define the municipality's and county's role.
         (8)  Natural resources.  The purpose of this element
    is to identify and define the natural  resources  in  the
    community  with respect to water, land, flora, and fauna;
    identify the land and water areas in  relation  to  these
    resources;  assess the relative importance of these areas
    to the needs of the resources;  and  identify  mitigation
    efforts that are needed to protect these resources.
         (9)  Public   participation.    This   element  must
    include a process for engaging the community in outreach;
    the development of a  sense  of  community;  a  consensus
    building process; and a public education strategy.
         (10)  Comprehensive   plans  may  also  include  the
    following:  natural  hazards;  agriculture   and   forest
    preservation;  human services; community design; historic
    preservation; and the adoption of  subplans,  as  needed.
    The  decision on whether to include these elements in the
    comprehensive plan shall be based on  the  needs  of  the
    particular unit of local government.
    (b)  The  purpose  of this Section is to provide guidance
on the elements of a comprehensive plan but  not  to  mandate
content.
    Section  30.  Consistency  of  land  use  regulations and
actions with comprehensive plans.
    (a)  If a municipality or county is receiving  assistance
to  write  or  revise a comprehensive plan, for 5 years after
the effective date of the plan, land development regulations,
including amendments to  a  zoning  map,  and  any  land  use
actions   should  be  consistent  with  the  new  or  revised
comprehensive plan. "Land use actions" include preliminary or
final approval of a subdivision plat, approval of  a  planned
unit  development,  approval of a conditional use, granting a
variance, or a decision by a  unit  of  local  government  to
construct  a  capital improvement, acquire land for community
facilities, or both.
    (b)  Municipalities  and  counties  that   have   adopted
official  comprehensive  plans in accordance with Division 12
of Article 11 of  the  Illinois  Municipal  Code  or  Section
5-14001  of  the Counties Code may be eligible for additional
preferences in State  economic  development  programs,  State
transportation   programs,  State  planning  programs,  State
natural resources programs, and State agriculture programs.

    Section 35.  Educational  and  training   programs.   The
Department  may  provide educational and training programs in
planning,    regulatory,    and     development practices and
techniques that promote and encourage comprehensive planning,
including, but not limited to, the use and application of any
model ordinances, manuals, and other  technical  publications
prepared by the Department.
    The  Department  may  employ  or   retain  not-for-profit
entities, regional planning  agencies  and  commissions,  and
universities   to   operate   or   conduct,  or assist in the
operation or conduct of, the programs.

    Section 40.  Annual report.
    (a)  The Department may, at least annually but more often
at its discretion, report in  writing  to  the  Governor  and
General Assembly on:
         (1)  The results and impacts of county and municipal
    activities  funded  by the grants authorized by this Act.
         (2)  The distribution of the grants.
         (3)  Model  ordinances, manuals, and other technical
    publications prepared by the Department.
         (4)  Educational and training programs  provided  by
    the Department.
    (b)  The report may also be provided to all counties  and
municipalities  in this State, regional planning agencies and
commissions in this State, the Illinois  State  Library,  all
public  libraries  in  this State, and to other organizations
and libraries upon request at the Department's discretion.

    Section 45.  Local Planning Fund. The Department may  use
moneys, subject to appropriation, in the Local Planning Fund,
a special fund created in the State  treasury,  to  implement
and  administer  this Act. If funds are not appropriated, the
Department is not required to carry forth the requirements of
this Act but may, at its discretion,  use  funds  from  other
sources.

    Section  900.  The State Finance Act is amended by adding
Section 5.570 as follows:

    (30 ILCS 105/5.570 new)
    Sec. 5.570.  The Local Planning Fund.

    Section  999.  Effective date.   This  Act  takes  effect
upon becoming law.
    Passed in the General Assembly May 23, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.

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