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92_HB1790
LRB9202513MWdvA
1 AN ACT concerning municipal planning.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-12-5 and by adding Sections 11-12-10.5
6 and 11-12-14 as follows:
7 (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
8 Sec. 11-12-5. Every plan commission and planning
9 department authorized by this division 12 has the following
10 powers and whenever in this division 12 the term plan
11 commission is used such term shall be deemed to include the
12 term planning department:
13 (1) To prepare and recommend to the corporate
14 authorities a comprehensive plan for the present and future
15 development or redevelopment of the municipality. Such plan
16 may be adopted in whole or in separate geographical or
17 functional parts, each of which, when adopted, shall be the
18 official comprehensive plan, or part thereof, of that
19 municipality. This plan may include reasonable requirements
20 with reference to streets, alleys, public grounds, and other
21 improvements hereinafter specified. The plan, as recommended
22 by the plan commission and as thereafter adopted in any
23 municipality in this State, may be made applicable, by the
24 terms thereof, to land situated within the corporate limits
25 and contiguous territory not more than one and one-half miles
26 beyond the corporate limits and not included in any
27 municipality. Such plan may be implemented by ordinances (a)
28 establishing reasonable standards of design for subdivisions
29 and for resubdivisions of unimproved land and of areas
30 subject to redevelopment in respect to public improvements as
31 herein defined; (b) establishing reasonable requirements
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1 governing the location, width, course, and surfacing of
2 public streets and highways, alleys, ways for public service
3 facilities, curbs, gutters, sidewalks, street lights, parks,
4 playgrounds, school grounds, size of lots to be used for
5 residential purposes, storm water drainage, water supply and
6 distribution, sanitary sewers, and sewage collection and
7 treatment; and (c) may designate land suitable for annexation
8 to the municipality and the recommended zoning classification
9 for such land upon annexation.
10 In order to qualify for assistance under subsection (b)
11 of Section 11-12-10.5 of this Code, the comprehensive plan
12 must include the following elements:
13 (1) Issues and opportunities. The purpose of this
14 element is to state the vision of the community, identify
15 the major trends and forces affecting the local
16 government and its citizens, set goals and standards, and
17 serve as a series of guiding principles and priorities to
18 implement the vision.
19 (2) Land use and natural resources. The purpose of
20 this element is to translate the vision statement into
21 physical terms; provide a general pattern for the
22 location, distribution, and characteristics of future
23 land uses over a 20 year period; and serve as the element
24 of the comprehensive plan upon which all other elements
25 are based. The land use element must be in text and map
26 form. It must include supporting studies on population,
27 the local economy, natural resources, and an inventory of
28 existing land uses.
29 (3) Transportation. The purpose of this element is
30 to consider all relevant modes of transportation,
31 including mass transit, air, water, rail, automobile,
32 bicycle, and pedestrian modes of transportation;
33 accommodate special needs; establish the framework for
34 the acquisition, preservation, and protection of existing
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1 and future rights-of-way; and incorporate transportation
2 performance measures.
3 (4) Community facilities (schools, parks, police,
4 fire and water and sewer). The purpose of this element
5 is to provide for community facilities; establish levels
6 of service; ensure that facilities are provided as
7 needed; and coordinate with other units of local
8 government that provide the needed facilities.
9 (5) Telecommunications infrastructure. The purpose
10 of this element is to coordinate telecommunications
11 initiatives; assess short and long term needs, especially
12 regarding economic development; determine the location
13 and capacity of existing infrastructure; encourage
14 investment in the most advanced technologies; and
15 establish a framework for providing reasonable access to
16 public rights-of-way.
17 (6) Housing. The purpose of this element is to
18 document the present and future needs for housing within
19 the jurisdiction of the municipality, including
20 affordable housing and special needs housing; take into
21 account the housing needs of a larger region; identify
22 barriers to the production of housing, including
23 affordable housing; access the condition of the local
24 housing stock; and develop strategies, programs, and
25 other action to address the needs for a range of housing
26 options.
27 (7) Economic development. The purpose of this
28 element is to coordinate local economic development
29 initiatives with those of the State; ensure that adequate
30 economic development opportunities are available;
31 identify the strategic competitive advantages of the
32 community and surrounding region; assess the community's
33 strengths and weaknesses with respect to attracting and
34 retaining business and industry; and define the
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1 municipality's role.
2 (8) Natural resources. The purpose of this element
3 is to identify and define the natural resources in the
4 community with respect to water, land, flora, and fauna;
5 identify the land and water areas in relation to these
6 resources; assess the relative importance of these areas
7 to the needs of the resources; and identify mitigation
8 efforts that are needed to protect these resources.
9 (9) Public participation. This element must include
10 a process for engaging the community in outreach; the
11 development of a sense of community; a consensus building
12 processes; and a public education strategy.
13 (10) Comprehensive plans may also include the
14 following: critical and sensitive areas; natural hazards;
15 agriculture and forest preservation; human services;
16 community design; historic preservation; and the
17 adoptions of subplans, as needed. The decision on
18 whether to include these elements in the comprehensive
19 plan shall be based on the needs of the particular
20 municipality.
21 (2) To recommend changes, from time to time, in the
22 official comprehensive plan.
23 (3) To prepare and recommend to the corporate
24 authorities, from time to time, plans for specific
25 improvements in pursuance of the official comprehensive plan.
26 (4) To give aid to the municipal officials charged with
27 the direction of projects for improvements embraced within
28 the official plan, to further the making of these projects,
29 and, generally, to promote the realization of the official
30 comprehensive plan.
31 (5) To prepare and recommend to the corporate
32 authorities schemes for regulating or forbidding structures
33 or activities which may hinder access to solar energy
34 necessary for the proper functioning of solar energy systems,
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1 as defined in Section 1.2 of The Comprehensive Solar Energy
2 Act of 1977, or to recommend changes in such schemes.
3 (6) To exercise such other powers germane to the powers
4 granted by this article as may be conferred by the corporate
5 authorities.
6 (Source: P.A. 86-614; 86-1039.)
7 (65 ILCS 5/11-12-10.5 new)
8 Sec. 11-12-10.5. Consistency of land use regulations and
9 actions with comprehensive plan.
10 (a) If a municipality is receiving assistance under
11 subsection (b), no later than 5 years after the effective
12 date of this amendatory Act of the 92nd General Assembly,
13 land development regulations, including amendments to a
14 zoning map, and any land use actions must be consistent with
15 the local comprehensive plan. "Land use actions" include
16 preliminary or final approval of a subdivision plat, approval
17 of a planned unit development, approval of a conditional use,
18 granting of a variance, or a decision by a unit of local
19 government to construct a capital improvement, acquire land
20 for community facilities, or both.
21 (b) Municipalities that have adopted official
22 comprehensive plans in accordance with this Division 12 of
23 Article 11 of this Code may be eligible for additional
24 preferences in State economic development programs, State
25 transportation programs, State planning programs, State
26 natural resources programs, State agriculture programs, and
27 other programs that affect growth and development.
28 (65 ILCS 5/11-12-14 new)
29 Sec. 11-12-14. Local Planning Fund. The Local Planning
30 Fund is established as a special fund in the State treasury.
31 Moneys in the Fund may be used, subject to appropriation, to
32 implement and administer this amendatory Act of the 92nd
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1 General Assembly.
2 Section 10. The State Finance Act is amended by adding
3 Section 5.545 as follows:
4 (30 ILCS 105/5.545 new)
5 Sec. 5.545. The Local Planning Fund.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.