State of Illinois
92nd General Assembly

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HB0505 Engrossed                              LRB9202514MWpcA

 1        AN ACT in relation to 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    Local Planning Technical Assistance Act.

 6        Section 5. Purposes. The purposes of this Act are to:
 7             (1)  Provide  technical assistance to Illinois local
 8        governments that request it for the development of  local
 9        planning ordinances and regulations.
10             (2)  Encourage  Illinois local governments to engage
11        in planning, regulatory, and development approaches  that
12        promote and encourage comprehensive planning.
13             (3)  Provide  demonstration grants to units of local
14        government; planning agencies; educational  institutions;
15        and  other  not-for-profit organizations and associations
16        serving  neighborhoods,  communities,  and   regions   of
17        Illinois  to  prepare  and implement comprehensive plans,
18        zoning  ordinances,  subdivision  controls,  other   land
19        development  regulations, and development incentives that
20        promote and encourage comprehensive planning.
21             (4)  Prepare  and   distribute   model   ordinances,
22        manuals,  and  other  technical publications that promote
23        and encourage comprehensive planning.
24             (5) Research and report upon the results and  impact
25        of activities funded by the demonstration grants.
26             (6)  Provide  demonstration grants to units of local
27        government; planning agencies; educational  institutions;
28        and  other  not-for-profit organizations and associations
29        serving  neighborhoods,  communities,  and   regions   of
30        Illinois  to  engage  in  pre-development  activities for
31        projects  that  promote   and   encourage   comprehensive
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 1        planning. The activities could include market feasibility
 2        studies,   architectural  renderings,  and  environmental
 3        assessments.
 4             (7) Support local planning  efforts  in  communities
 5        with limited financial means.
 6             (8)  Support  planning  efforts  that include one or
 7        more  units  of  local  government;  planning   agencies;
 8        educational   institutions;   and   other  not-for-profit
 9        organizations  and  associations  serving  neighborhoods,
10        communities, and regions of Illinois working together.

11        Section 10. Definitions. In this Act:
12        "Comprehensive plan" means a regional plan adopted  under
13    Section   5-14001   of   the   Counties   Code,  an  official
14    comprehensive plan  adopted  under  Section  11-12-6  of  the
15    Illinois  Municipal  Code,  or local land resource management
16    plan adopted under Section  4  of  the  Local  Land  Resource
17    Management Planning Act.
18        "Department"   means   the  Department  of  Commerce  and
19    Community Affairs.
20        "Land development  regulation"  means  any  ordinance  or
21    regulation   of  a  county  or  municipality  that  regulates
22    development and land use,  including,  but  not  limited  to,
23    zoning and subdivision ordinances.
24        "Local  government"  or  "unit of local government" means
25    any city, village, incorporated town, or county.
26        "Subsidiary  plan"  means  any   plan,   other   than   a
27    comprehensive  plan,  that  guides development, land use, and
28    infrastructure for a county or municipality, or a portion  of
29    a county or municipality.

30        Section  15.  Technical assistance grants. The Department
31    may make  grants  to  units  of  local  government;  planning
32    agencies;  educational institutions; and other not-for-profit
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 1    organizations   and   associations   serving   neighborhoods,
 2    communities, and regions  of  Illinois  to  develop,  update,
 3    administer,  and  implement  comprehensive  plans, subsidiary
 4    plans, land development regulations, development  incentives,
 5    market  feasibility  studies,  architectural  renderings, and
 6    environmental assessments  that  promote  and  encourage  the
 7    principles of comprehensive planning.
 8        The Department may adopt rules establishing standards and
 9    procedures   for  determining  eligibility  for  the  grants,
10    regulating the use of funds under the grants,  and  requiring
11    periodic  reporting  of  the results and impact of activities
12    funded by the grants. No individual grant under this Act  may
13    have duration of more than 24 months.
14        The  Department,  in  the  determination of grantees, may
15    also seek an  even  balance  of  grants  within  metropolitan
16    regions.

17        Section  20. Model ordinances and technical publications.
18    The Department may prepare  model  ordinances,  manuals,  and
19    other  technical  publications  that  are  founded  upon  and
20    promote  comprehensive planning.  The Department may make all
21    possible use of existing model ordinances, manuals, and other
22    technical   publications   that   promote    and    encourage
23    comprehensive  planning  and  that  were prepared by regional
24    planning agencies and commissions,  councils  of  government,
25    and other organizations.
26        The    Department    may   employ   or   retain   private
27    not-for-profit  entities,  regional  planning  agencies   and
28    commissions,  councils  of  government,  and  universities to
29    advise, prepare, or conduct  the  preparation  of  the  model
30    ordinances, manuals, and other technical publications.
31        The  Department  may  distribute  any  model  ordinances,
32    manuals, and other technical publications prepared under this
33    Section  to  all  counties  and municipalities in this State,
HB0505 Engrossed            -4-               LRB9202514MWpcA
 1    regional planning agencies and commissions in this State, the
 2    Illinois State Library, all public libraries in  this  State,
 3    and  to other organizations and libraries at the Department's
 4    discretion.

 5        Section  25.  Use   of   technical   assistance   grants.
 6    Technical  assistance grants may be used to write or revise a
 7    local comprehensive plan.  A comprehensive plan funded  under
 8    Section  15  of  this Act must address, but is not limited to
 9    addressing, each of the following elements.
10             (1) Issues and opportunities.  The purpose  of  this
11        element is to state the vision of the community, identify
12        the   major   trends   and  forces  affecting  the  local
13        government and its citizens, set goals and standards, and
14        serve as a series of guiding principles and priorities to
15        implement the vision.
16             (2) Land use and natural resources.  The purpose  of
17        this  element  is  to translate the vision statement into
18        physical  terms;  provide  a  general  pattern  for   the
19        location,  distribution,  and  characteristics  of future
20        land uses over a 20-year period; and serve as the element
21        of the comprehensive plan upon which all  other  elements
22        are  based.  The land use element must be in text and map
23        form.  It must include supporting studies on  population,
24        the local economy, natural resources, and an inventory of
25        existing land uses.
26             (3)  Transportation.  The purpose of this element is
27        to  consider  all  relevant  modes   of   transportation,
28        including  mass  transit,  air,  water, rail, automobile,
29        bicycle,  and   pedestrian   modes   of   transportation;
30        accommodate  special  needs;  establish the framework for
31        the acquisition, preservation, and protection of existing
32        and future rights-of-way; and incorporate  transportation
33        performance measures.
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 1             (4)  Community  facilities  (schools, parks, police,
 2        fire, and water and sewer). The purpose of  this  element
 3        is  to  provide community facilities; establish levels of
 4        service; ensure that facilities are provided  as  needed;
 5        and  coordinate with other units of local government that
 6        provide the needed facilities.
 7             (5) Telecommunications infrastructure.  The  purpose
 8        of  this  element  is  to  coordinate  telecommunications
 9        initiatives;   assess  short-term  and  long-term  needs,
10        especially regarding economic development; determine  the
11        location   and   capacity   of  existing  infrastructure;
12        encourage investment in the most  advanced  technologies;
13        and establish a framework for providing reasonable access
14        to public rights-of-way.
15             (6)  Housing.   The  purpose  of  this element is to
16        document the present and future needs for housing  within
17        the  jurisdiction  of  the  local  government,  including
18        affordable  housing  and special needs housing; take into
19        account the housing needs of a  larger  region;  identify
20        barriers   to   the   production  of  housing,  including
21        affordable housing; access the  condition  of  the  local
22        housing  stock;  and  develop  strategies,  programs, and
23        other actions to address the needs for a range of housing
24        options.
25             (7)  Economic  development.   The  purpose  of  this
26        element  is  to  coordinate  local  economic  development
27        initiatives with those of the State; ensure that adequate
28        economic   development   opportunities   are   available;
29        identify the  strategic  competitive  advantages  of  the
30        community   and   the   surrounding  region;  assess  the
31        community's strengths  and  weaknesses  with  respect  to
32        attracting  and  retaining  business  and  industry;  and
33        define the municipality's and county's role.
34             (8)  Natural resources.  The purpose of this element
HB0505 Engrossed            -6-               LRB9202514MWpcA
 1        is to identify and define the natural  resources  in  the
 2        community  with respect to water, land, flora, and fauna;
 3        identify the land and water areas in  relation  to  these
 4        resources;  assess the relative importance of these areas
 5        to the needs of the resources;  and  identify  mitigation
 6        efforts that are needed to protect these resources.
 7             (9) Public participation.  This element must include
 8        a  process  for  engaging  the community in outreach; the
 9        development of a sense of community; a consensus building
10        process; and a public education strategy.
11             (10)  Comprehensive  plans  may  also  include   the
12        following:   natural   hazards;  agriculture  and  forest
13        preservation; human services; community design;  historic
14        preservation;  and  the  adoption of subplans, as needed.
15        The decision on whether to include these elements in  the
16        comprehensive  plan  shall  be  based on the needs of the
17        particular unit of local government.
18        The purpose of this Section is to provide guidance on the
19    elements of a comprehensive plan but not to mandate content.

20        Section 30.  Consistency  of  land  use  regulations  and
21    actions with comprehensive plans.
22        (a)  If  a municipality or county is receiving assistance
23    to write or revise a comprehensive  plan,  no  later  than  5
24    years  after the effective date of this Act, land development
25    regulations, including amendments to a zoning  map,  and  any
26    land   use   actions   must  be  consistent  with  the  local
27    comprehensive plan. "Land use actions" include preliminary or
28    final approval of a subdivision plat, approval of  a  planned
29    unit  development,  approval of a conditional use, granting a
30    variance, or a decision by a  unit  of  local  government  to
31    construct  a  capital improvement, acquire land for community
32    facilities, or both.
33        (b)  Municipalities  and  counties  that   have   adopted
HB0505 Engrossed            -7-               LRB9202514MWpcA
 1    official  comprehensive  plans in accordance with Division 12
 2    of Article 11 of  the  Illinois  Municipal  Code  or  Section
 3    5-14001  of  the Counties Code may be eligible for additional
 4    preferences in State  economic  development  programs,  State
 5    transportation   programs,  State  planning  programs,  State
 6    natural resources programs, and State agriculture programs.

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

18        Section 40. Annual report.
19        (a) The  Department  may,  at  least  annually  but  more
20    often at its discretion, report in writing  to  the  Governor
21    and General Assembly on:
22             (1)  The results and impacts of county and municipal
23        activities  funded  by the grants authorized by this Act.
24             (2) The distribution of the grants.
25             (3) Model  ordinances, manuals, and other  technical
26        publications prepared by the Department.
27             (4)  Educational and training programs  provided  by
28        the Department.
29        (b)  The report may also be provided to all counties  and
30    municipalities  in this State, regional planning agencies and
31    commissions in this State, the Illinois  State  Library,  all
32    public  libraries  in  this State, and to other organizations
HB0505 Engrossed            -8-               LRB9202514MWpcA
 1    and libraries upon request at the Department's discretion.

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

 9        Section 900. The State Finance Act is amended  by  adding
10    Section 5.545 as follows:

11        (30 ILCS 105/5.545 new)
12        Sec. 5.545. The Local Planning Fund.

13        Section  999. Effective date.  This Act takes effect upon
14    becoming law.

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