| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-11.1-1
(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
Sec. 11-11.1-1.
The corporate authorities of any municipality may enact
ordinances prescribing fair housing practices, defining unfair housing
practices, establishing Fair Housing or Human Relations Commissions and
standards for the operation of such Commissions in the administering and
enforcement of such ordinances, prohibiting discrimination based on race,
color, religion, sex, creed, ancestry, national origin, or physical
or mental disability in
the listing, sale, assignment, exchange, transfer, lease, rental or
financing of real property for the purpose of the residential occupancy
thereof, and prescribing penalties for violations of such ordinances.
Such ordinances may provide for closed meetings of the Commissions or
other administrative agencies responsible for administering and enforcing
such ordinances for the purpose of conciliating complaints of
discrimination and such meetings shall not be subject to the provisions of
"An Act in relation to meetings", approved July 11, 1957, as amended. No
final action for the imposition or recommendation of a penalty by such
Commissions or agencies shall be taken, except at a meeting open to the
public.
To secure and guarantee the rights established by Sections 17, 18 and
19 of Article I of the Illinois Constitution, it is declared that any ordinance
or standard enacted under the authority of this Section or under general
home rule power and any standard, rule or regulation of such a Commission
which prohibits, restricts, narrows or limits the housing choice of any person is
unenforceable and void.
Nothing in this amendatory Act of 1981 prohibits such a commission
or a unit of local government from making special outreach efforts to
inform members of minority groups of housing opportunities available in
areas of majority white concentration and make
similar efforts to inform the majority white population of available
housing opportunities located in areas
of minority concentration.
This amendatory Act of 1981 applies to municipalities which are home rule
units. Pursuant to Article VII, Section 6, paragraph (i) of the Illinois
Constitution, this amendatory Act of 1981 is a limit on the power of municipalities
that are home rule units.
(Source: P.A. 99-143, eff. 7-27-15.)
|
65 ILCS 5/Art. 11 Div. 11.2
(65 ILCS 5/Art. 11 Div. 11.2 heading)
DIVISION 11.2.
IMPROVEMENT OF GROUP RELATIONS
|
65 ILCS 5/11-11.2-1
(65 ILCS 5/11-11.2-1) (from Ch. 24, par. 11-11.2-1)
Sec. 11-11.2-1.
The corporate authorities of any municipality may perform such acts and
promulgate such regulations as are necessary or proper for the promotion of
harmonious relations between racial and economic groups within the
municipality, including, but not limited to, the promotion and development
of public education and information programs emphasizing the contributions
of such groups to the historical and cultural development of the community
and the nation, establishing vocational guidance and employment opportunity
programs to assist members of minority racial and ethnic groups,
establishment of programs to aid in locating housing for such minority
groups, and to assist in the adjustment of such persons to living in urban
environments.
(Source: P.A. 76-1021 .)
|
65 ILCS 5/11-11.2-2
(65 ILCS 5/11-11.2-2) (from Ch. 24, par. 11-11.2-2)
Sec. 11-11.2-2.
For the purpose of carrying out the powers granted by this Division, the
corporate authorities may employ such personnel and acquire by purchase or
lease, such real or personal property as they deem necessary and may
provide for the compensation of such personnel and other expenses in the
annual appropriation ordinance through the use of corporate funds. Any
municipality has the power to enter into contracts with any public or
private agency undertaking such programs and authorize such agencies to act
on behalf of the municipality. Such contracts may provide that the cost of
all or a portion of such programs will be paid by the municipality. Any
public or private agency acting under such contract shall report at least
once each year to the corporate authorities of the municipality.
(Source: P.A. 76-1021 .)
|
65 ILCS 5/11-11.2-3
(65 ILCS 5/11-11.2-3) (from Ch. 24, par. 11-11.2-3)
Sec. 11-11.2-3.
To assist in carrying out the powers granted in this Division, the
corporate authorities may receive financial assistance from the United
States, or any of its agencies or instrumentalities, or the State of
Illinois, and undertake such responsibilities and comply with such
conditions as may be required by law to receive such assistance. The
corporate authorities may also receive gifts, donations, legacies,
and other
financial assistance from private persons, corporations or foundations, and
devote such assistance to programs developed under this Division.
(Source: P.A. 83-388.)
|
65 ILCS 5/Art. 11 Div. 12
(65 ILCS 5/Art. 11 Div. 12 heading)
DIVISION 12.
PLAN COMMISSIONS
|
65 ILCS 5/11-12-4
(65 ILCS 5/11-12-4) (from Ch. 24, par. 11-12-4)
Sec. 11-12-4.
Every municipality may create a plan commission or a planning
department or both. A plan commission shall be appointed by a mayor of a
city or president of a village board subject to confirmation by the
corporate authorities. Members of the plan commission shall reside within
the municipality or within territory contiguous to the municipality and not
more than one and one-half miles beyond the corporate limits and not
included within any other municipality. A planning department shall be
created, organized and staffed in such manner as the municipality may
provide by ordinance. The plan commission shall consist of a chairman and
members serving for such terms and such compensation, if any, as the
corporate authorities of the municipality may prescribe by ordinance. The
ordinance may provide that the plan commission shall have a paid secretary
or staff or both. Any plan commission or planning department now existing
and officially created by ordinance of any municipality may continue to
function under the authority of such prior ordinance and any such plan
commission or planning department shall have and exercise all the powers
conferred by law as fully as if it had been created hereunder. Any
municipality which has or shall hereafter create a plan commission or
planning department may appropriate from any funds under its control and
not otherwise appropriated, such sums as the corporate authorities may deem
proper for the maintenance and operation of such plan commission or
planning department, including the salaries of all paid members and
employees; the development of a planning program; the preparation of
regulations, projects and programs pertinent to the development,
redevelopment and renewal of the municipality and such surrounding
territory over which the municipality exercises subdivision jurisdiction;
the preparation and revision of the official map and the exercise of such
powers germane to the purposes for which it was created as may be conferred
upon the plan commission or planning department by ordinance.
Municipalities may accept, receive and expend funds, grants and services
from the federal government or its agencies, or from the State of Illinois
or its agencies or from private persons or corporations or foundations for
planning purposes generally or for planning specific projects.
(Source: P.A. 76-601.)
|
65 ILCS 5/11-12-4.1
(65 ILCS 5/11-12-4.1) (from Ch. 24, par. 11-12-4.1)
Sec. 11-12-4.1.
Whenever a municipality of more than 500,000
population has created a plan commission pursuant to the provisions of
this Division 12, every plan, design or other proposal by any public
body or agency which requires the acquisition or disposition of real
property within the territorial limits of the municipality by any public
body or agency, or which changes the use of any real property owned or
occupied by any public body or agency or the location of any improvement
thereon within the territorial limits of the municipality, shall be
referred to the plan commission by such public body or agency not less
than 30 days prior to any election for the purpose of authorizing the
borrowing of money for, or any action by such public body or agency to
appropriate funds for, or to authorize such changes or the acquisition
or disposition of such real property, but in no event shall such
referral be less than 30 days prior to making such changes or acquiring
or disposing of such real property. The plan commission shall review
every such plan, design or other proposal and shall within 30 days after
submission thereof report to the public body or agency having
jurisdiction over such real property or improvement thereon concerning
the conformity of the plan, design, or other proposal with the long
range planning objectives of the municipality and with the official plan
for the municipality or any part thereof if the same shall then be in
effect as provided in Section 11-12-2. Such report shall be spread of
record in the minutes or record of proceedings of such public body or
agency. A report that any such plan, design, or other proposal is not in
conformity with the long range planning objectives of the municipality,
or the official plan for the municipality shall be accompanied by a
written statement of the respects in which such conformity is lacking
but such a report shall not bar the public body or agency having
jurisdiction over such real property or improvement thereon from
thereafter making such changes or acquiring or disposing of such real
property. The failure of the plan commission to report on any such plan,
design, or other proposal within 30 days after submission of the same to
it, shall be deemed to be a report that such plan, design, or other
proposal conforms in all respects with the long range planning
objectives and the official plan of the municipality.
As used in this section the terms "public body" or "agency" include
the State of Illinois, any county, township, district including the Chicago
Park District, school,
authority, municipality, or any official, board, commission or other
political corporation or subdivision of the State of Illinois, now or
hereafter created, whether herein specifically mentioned or not.
(Source: P.A. 81-411.)
|
65 ILCS 5/11-12-5
(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
Sec. 11-12-5.
Every plan commission and planning department authorized by
this Division 12 has the following powers and whenever in this Division 12
the term plan commission is used such term shall be deemed to include the
term planning department:
(1) To prepare and recommend to the corporate | | authorities a comprehensive plan for the present and future development or redevelopment of the municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of that municipality. This plan may include reasonable requirements with reference to streets, alleys, public grounds, and other improvements hereinafter specified. The plan, as recommended by the plan commission and as thereafter adopted in any municipality in this state, may be made applicable, by the terms thereof, to land situated within the corporate limits and contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality. Such plan may be implemented by ordinances (a) establishing reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined; (b) establishing reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment; and (c) may designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.
|
|
(2) To recommend changes, from time to time, in the
| | official comprehensive plan.
|
|
(3) To prepare and recommend to the corporate
| | authorities, from time to time, plans for specific improvements in pursuance of the official comprehensive plan.
|
|
(4) To give aid to the municipal officials charged
| | with the direction of projects for improvements embraced within the official plan, to further the making of these projects, and, generally, to promote the realization of the official comprehensive plan.
|
|
(5) To prepare and recommend to the corporate
| | authorities schemes for regulating or forbidding structures or activities which may hinder access to solar energy necessary for the proper functioning of solar energy systems, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977, or to recommend changes in such schemes.
|
|
(6) To exercise such other powers germane to the
| | powers granted by this Article as may be conferred by the corporate authorities.
|
|
For purposes of implementing ordinances regarding developer
donations
or
impact fees,
and specifically for expenditures thereof,
"school grounds" is defined as including land or site
improvements,
which include
school buildings or other infrastructure, including technological infrastructure, necessitated and specifically and
uniquely attributed to the
development or subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer donations paid into a
school district or held in a separate account or escrow fund by any school
district
or municipality for a school district.
(Source: P.A. 98-741, eff. 1-1-15; 99-78, eff. 7-20-15 .)
|
65 ILCS 5/11-12-5.1
(65 ILCS 5/11-12-5.1) (from Ch. 24, par. 11-12-5.1)
Sec. 11-12-5.1.
School land donations.
The governing board of a school
district may submit to the corporate authorities of a municipality having
a population of less than 500,000 which is served by the school district a
written request that a meeting be held to discuss school land donations
from a developer of a subdivision or resubdivision of land included within
the area served by the school district. For the purposes of this Section,
"school land donation" means a donation of land for public school purposes
or a cash contribution in lieu thereof, or a combination of both.
(Source: P.A. 86-1023; 86-1039.)
|
65 ILCS 5/11-12-6
(65 ILCS 5/11-12-6) (from Ch. 24, par. 11-12-6)
Sec. 11-12-6.
An official comprehensive plan, or any amendment thereof, or
addition thereto, proposed by a plan commission shall be effective in the
municipality and contiguous area herein prescribed only after its formal
adoption by the corporate authorities. Such plan shall be advisory and in
and of itself shall not be construed to regulate or control the use of
private property in any way, except as to such part thereof as has been
implemented by ordinances duly enacted by the corporate authorities. At any
time or times, before or after the adoption of the official comprehensive
plan by the corporate authorities, such corporate authorities may designate
by ordinance an official map, which map may consist of the whole area
included within the official comprehensive plan or one or more separate
geographical or functional parts, and may include all or any part of the
contiguous unincorporated area within one and one-half miles from the
corporate limits of the municipality. Such map or maps shall be made a part
of the ordinance, which ordinance shall specifically state standard
requirements of the municipality relating to size of streets, alleys,
public ways, parks, playgrounds, school sites, other public grounds, and
ways for public service facilities; the kind and quantity of materials
which shall be used in the construction of streets, and alleys; and the
kind and quality of materials for public service facilities as may be
consistent with Illinois Commerce Commission or industry standards, and
shall contain the standards required for drainage and sanitary sewers and
collection and treatment of sewage. The map shall be drawn to scale, shall
be reasonably accurate, and shall show north point, section lines and
numbers, and streams.
Said official comprehensive plan and the ordinance or ordinances
including the official map shall be placed on file with the Municipal Clerk
and shall be available at all times during business hours for public
inspection. Copies of said plan, all ordinances implementing the same and
including the official map, shall be made available to all interested
parties upon payment of such sum as the corporate authorities shall
determine to be adequate to reimburse the general fund of the municipality
for the cost of printing and distributing the same.
(Source: Laws 1961, p. 2757.)
|
65 ILCS 5/11-12-7
(65 ILCS 5/11-12-7) (from Ch. 24, par. 11-12-7)
Sec. 11-12-7.
The corporate authorities may initiate plans and maps by requesting the
plan commission to prepare an official comprehensive plan and recommend the
same, or may originate an official comprehensive plan, or a part thereof,
or an amendment thereto, and may refer same or suggested changes in an
existing comprehensive plan to the plan commission for its consideration
and recommendation thereon. No comprehensive plan or amendment thereto
shall be adopted that has not been submitted to the plan commission.
The corporate authorities may adopt parts of a comprehensive plan
recommended by a plan commission without adopting the entire comprehensive
plan as recommended, or may modify or amend portions of a recommended
comprehensive plan without a re-reference of same to the plan commission,
and may adopt such comprehensive plan, as modified or amended. Such
comprehensive plan, when adopted, shall be the official comprehensive plan,
or part thereof, of that municipality.
Upon submission by the corporate authorities of any suggested
comprehensive plan, part thereof, or amendment to an existing comprehensive
plan to the plan commission for consideration and recommendation, the
corporate authorities may require a report thereon from the plan commission
with its recommendation within 90 days from the date of such submission,
and if the plan commission shall fail to make such report within such 90
days, then the corporate authorities may proceed to consider such
comprehensive plan, or part thereof or amendment to an existing
comprehensive plan, for adoption, including arranging for and holding of a
public hearing thereon in accordance with the provisions hereinafter
contained in the same manner as if the plan commission had made its
recommendation.
On and after the effective date of this amendatory act of 1961, an
official comprehensive plan, or any amendment thereof, shall not be adopted
by a municipality until notice and opportunity for public hearing have
first been afforded in the manner herein provided. Upon submission of a
comprehensive plan by the plan commission, or a proposed amendment to an
existing comprehensive plan, the corporate authorities shall schedule a
public hearing thereon, either before the plan commission or the corporate
authorities. Not less than 15 days' notice of the proposed hearing, and the
time and place thereof, shall be given by publication in a newspaper of
general circulation in the county or counties in which the municipality and
contiguous unincorporated territory are located. The hearing shall be
informal, but all persons desiring to be heard in support or opposition to
the comprehensive plan or amendment shall be afforded such opportunity, and
may submit their statements, orally, in writing, or both. The hearing may
be recessed to another date if not concluded, if notice of the time and
place thereof is publicly announced at the hearing or is given by newspaper
publication not less than 5 days prior to the recessed hearing.
Within 90 days after the conclusion of the hearing, the corporate
authorities, after consideration of the recommendation of the plan
commission and such information as shall have been derived from the
hearing, shall either adopt the comprehensive plan or amendment in whole or
in part or reject the entire comprehensive plan or amendment. If adopted,
the corporate authorities shall enact the ordinance including a map or maps
as hereinbefore provided. In adopting an official comprehensive plan,
except as herein otherwise provided, the corporate authorities shall be
subject to the same limitations as to subject matter as apply to the plan
commission. If at the expiration of such 90 days, the corporate authorities
have taken no formal action, the comprehensive plan or amendment thereto
may thereafter not be acted upon by the corporate authorities without again
complying with the conditions of notice and hearing heretofore provided.
No official map, or amendment or addition thereto, shall be ground for
rejection of any plat of subdivision or resubdivision by the corporate
authorities, if application for final approval of such subdivision or
resubdivision is filed with the corporate authorities 15 days or more prior
to the date on which the ordinance approving the official map, or amendment
or addition thereto, is adopted.
The comprehensive plan or amendment shall become effective upon the
expiration of 10 days after the date of filing notice of the adoption of
such comprehensive plan or amendment with the recorder of the county.
Whenever used in this Section 11-12-7 the words "plans" or "comprehensive
plan" shall be deemed to mean and include, where applicable, an official
map or maps.
(Source: P.A. 83-358.)
|
65 ILCS 5/11-12-8
(65 ILCS 5/11-12-8) (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.)
|
|
|
|