State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]




 1                     AMENDMENT TO HOUSE BILL 505

 2        AMENDMENT NO.     .  Amend House Bill  505  by  replacing
 3    everything after the enacting clause with the following:

 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
                            -2-              LRB9202514MWpkam
 1        and encourage comprehensive planning.
 2             (5)  Research and report upon the results and impact
 3        of activities funded by the demonstration grants.
 4             (6) Provide demonstration grants to units  of  local
 5        government;  planning agencies; educational institutions;
 6        and other not-for-profit organizations  and  associations
 7        serving   neighborhoods,   communities,  and  regions  of
 8        Illinois to  engage  in  pre-development  activities  for
 9        projects   that   promote   and  encourage  comprehensive
10        planning. The activities could include market feasibility
11        studies,  architectural  renderings,  and   environmental
12        assessments.
13             (7)  Support  local  planning efforts in communities
14        with limited financial means.
15             (8) Support planning efforts  that  include  one  or
16        more   units  of  local  government;  planning  agencies;
17        educational  institutions;   and   other   not-for-profit
18        organizations  and  associations  serving  neighborhoods,
19        communities, and regions of Illinois working together.

20        Section 10. Definitions. In this Act:
21        "Comprehensive  plan" means a regional plan adopted under
22    Section  5-14001  of   the   Counties   Code,   an   official
23    comprehensive  plan  adopted  under  Section  11-12-6  of the
24    Illinois Municipal Code, or local  land  resource  management
25    plan  adopted  under  Section  4  of  the Local Land Resource
26    Management Planning Act.
27        "Department"  means  the  Department  of   Commerce   and
28    Community Affairs.
29        "Land  development  regulation"  means  any  ordinance or
30    regulation  of  a  county  or  municipality  that   regulates
31    development  and  land  use,  including,  but not limited to,
32    zoning and subdivision ordinances.
33        "Local government" or "unit of  local  government"  means
                            -3-              LRB9202514MWpkam
 1    any city, village, incorporated town, or county.
 2        "Subsidiary   plan"   means   any   plan,  other  than  a
 3    comprehensive plan, that guides development,  land  use,  and
 4    infrastructure  for a county or municipality, or a portion of
 5    a county or municipality.

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

25        Section 20. Model ordinances and technical  publications.
26    The  Department  may  prepare  model ordinances, manuals, and
27    other  technical  publications  that  are  founded  upon  and
28    promote comprehensive planning.  The Department may make  all
29    possible use of existing model ordinances, manuals, and other
30    technical    publications    that   promote   and   encourage
31    comprehensive planning and that  were  prepared  by  regional
32    planning  agencies  and  commissions, councils of government,
                            -4-              LRB9202514MWpkam
 1    and other organizations.
 2        The   Department   may   employ   or    retain    private
 3    not-for-profit   entities,  regional  planning  agencies  and
 4    commissions, councils  of  government,  and  universities  to
 5    advise,  prepare,  or  conduct  the  preparation of the model
 6    ordinances, manuals, and other technical publications.
 7        The  Department  may  distribute  any  model  ordinances,
 8    manuals, and other technical publications prepared under this
 9    Section to all counties and  municipalities  in  this  State,
10    regional planning agencies and commissions in this State, the
11    Illinois  State  Library, all public libraries in this State,
12    and to other organizations and libraries at the  Department's
13    discretion.

14        Section   25.   Use   of   technical  assistance  grants.
15    Technical assistance grants may be used to write or revise  a
16    local  comprehensive plan.  A comprehensive plan funded under
17    Section 15 of this Act must address, but is  not  limited  to
18    addressing, each of the following elements.
19             (1)  Issues and opportunities.  This purpose of this
20        element is to state the vision of the community, identify
21        the  major  trends  and  forces   affecting   the   local
22        government and its citizens, set goals and standards, and
23        serve as a series of guiding principles and priorities to
24        implement the vision.
25             (2)  Land use and natural resources.  The purpose of
26        this element is to translate the  vision  statement  into
27        physical   terms;  provide  a  general  pattern  for  the
28        location, distribution,  and  characteristics  of  future
29        land uses over a 20-year period; and serve as the element
30        of  the  comprehensive plan upon which all other elements
31        are based.  The land use element must be in text and  map
32        form.   It must include supporting studies on population,
33        the local economy, natural resources, and an inventory of
                            -5-              LRB9202514MWpkam
 1        existing land uses.
 2             (3) Transportation.  The purpose of this element  is
 3        to   consider   all  relevant  modes  of  transportation,
 4        including mass transit,  air,  water,  rail,  automobile,
 5        bicycle,   and   pedestrian   modes   of  transportation;
 6        accommodate special needs; establish  the  framework  for
 7        the acquisition, preservation, and protection of existing
 8        and  future rights-of-way; and incorporate transportation
 9        performance measures.
10             (4) Community facilities  (schools,  parks,  police,
11        fire,  and  water and sewer). The purpose of this element
12        is to provide community facilities; establish  levels  of
13        service;  ensure  that facilities are provided as needed;
14        and coordinate with other units of local government  that
15        provide the needed facilities.
16             (5)  Telecommunications infrastructure.  The purpose
17        of  this  element  is  to  coordinate  telecommunications
18        initiatives;  assess  short-term  and  long-term   needs,
19        especially  regarding economic development; determine the
20        location  and  capacity   of   existing   infrastructure;
21        encourage  investment  in the most advanced technologies;
22        and establish a framework for providing reasonable access
23        to public rights-of-way.
24             (6) Housing.  The purpose  of  this  element  is  to
25        document  the present and future needs for housing within
26        the  jurisdiction  of  the  local  government,  including
27        affordable housing and special needs housing;  take  into
28        account  the  housing  needs of a larger region; identify
29        barriers  to  the  production   of   housing,   including
30        affordable  housing;  access  the  condition of the local
31        housing stock;  and  develop  strategies,  programs,  and
32        other actions to address the needs for a range of housing
33        options.
34             (7)  Economic  development.   The  purpose  of  this
                            -6-              LRB9202514MWpkam
 1        element  is  to  coordinate  local  economic  development
 2        initiatives with those of the State; ensure that adequate
 3        economic   development   opportunities   are   available;
 4        identify  the  strategic  competitive  advantages  of the
 5        community  and  the  surrounding   region;   assess   the
 6        community's  strengths  and  weaknesses  with  respect to
 7        attracting  and  retaining  business  and  industry;  and
 8        define the municipality's and county's role.
 9             (8) Natural resources.  The purpose of this  element
10        is  to  identify  and define the natural resources in the
11        community with respect to water, land, flora, and  fauna;
12        identify  the  land  and water areas in relation to these
13        resources; assess the relative importance of these  areas
14        to  the  needs  of the resources; and identify mitigation
15        efforts that are needed to protect these resources.
16             (9) Public participation.  This element must include
17        a process for engaging the  community  in  outreach;  the
18        development of a sense of community; a consensus building
19        process; and a public education strategy.
20             (10)   Comprehensive  plans  may  also  include  the
21        following:  natural  hazards;  agriculture   and   forest
22        preservation;  human services; community design; historic
23        preservation; and the adoption of  subplans,  as  needed.
24        The  decision on whether to include these elements in the
25        comprehensive plan shall be based on  the  needs  of  the
26        particular unit of local government.
27        The purpose of this Section is to provide guidance on the
28    elements of a comprehensive plan but not to mandate content.

29        Section  30.  Consistency  of  land  use  regulations and
30    actions with comprehensive plan.
31        (a) If a municipality or county is  receiving  assistance
32    to  write  or  revise  a  comprehensive plan, no later than 5
33    years after the effective date of this Act, land  development
                            -7-              LRB9202514MWpkam
 1    regulations,  including  amendments  to a zoning map, and any
 2    land  use  actions  must  be  consistent   with   the   local
 3    comprehensive plan. "Land use actions" include preliminary or
 4    final  approval  of a subdivision plat, approval of a planned
 5    unit development, approval of a conditional use,  granting  a
 6    variance,  or  a  decision  by  a unit of local government to
 7    construct a capital improvement, acquire land  for  community
 8    facilities, or both.
 9        (b)   Municipalities   and  counties  that  have  adopted
10    official comprehensive plans in accordance with  Division  12
11    of  Article  11  of  the  Illinois  Municipal Code or Section
12    5-14001 of the Counties Code may be eligible  for  additional
13    preferences  in  State  economic  development programs, State
14    transportation  programs,  State  planning  programs,   State
15    natural resources programs, and State agriculture programs.

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

27        Section 40. Annual report.
28        (a)  The   Department  may,  at  least  annually but more
29    often at its discretion, report in writing  to  the  Governor
30    and General Assembly on:
31             (1) The results and impacts of county and  municipal
32        activities  funded  by the grants authorized by this Act.
                            -8-              LRB9202514MWpkam
 1             (2) The distribution of the grants.
 2             (3)  Model  ordinances, manuals, and other technical
 3        publications prepared by the Department.
 4             (4) Educational and training programs  provided   by
 5        the Department.
 6        (b)   The report may also be provided to all counties and
 7    municipalities  in this State, regional planning agencies and
 8    commissions in this State, the Illinois  State  Library,  all
 9    public libraries  in  this State, and to other  organizations
10    and libraries upon request at the Department's discretion.

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

18        Section 900. The State Finance Act is amended  by  adding
19    Section 5.545 as follows:

20        (30 ILCS 105/5.545 new)
21        Sec. 5.545. The Local Planning Fund.

22        Section  999. Effective date.  This Act takes effect upon
23    becoming law.".

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