State of Illinois
92nd General Assembly

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HB4023 Enrolled                                LRB9214545LBpr

 1        AN ACT concerning local 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)  Prepare   and   distribute   model  ordinances,
14        manuals, and other technical  publications  that  promote
15        and encourage comprehensive planning.
16             (4)  Research and report upon the results and impact
17        of activities funded by the demonstration grants.
18             (5)  Support  local  planning efforts in communities
19        with limited financial means.
20             (6)  Support planning efforts that  include  one  or
21        more  units  of  local  government  or  planning agencies
22        working together.

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

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

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

19        Section 25.  Use of technical assistance grants.
20        (a)  Technical assistance grants may be used to write  or
21    revise  a  local  comprehensive  plan.   A comprehensive plan
22    funded under Section 15 of this Act must address, but is  not
23    limited to addressing, each of the following elements:
24             (1)  Issues  and opportunities.  The purpose of this
25        element is to state the vision of the community, identify
26        the  major  trends  and  forces   affecting   the   local
27        government and its citizens, set goals and standards, and
28        serve as a series of guiding principles and priorities to
29        implement the vision.
30             (2)  Land use and natural resources.  The purpose of
31        this  element  is  to translate the vision statement into
32        physical  terms;  provide  a  general  pattern  for   the
33        location,  distribution,  and  characteristics  of future
HB4023 Enrolled            -4-                 LRB9214545LBpr
 1        land uses over a 20-year period; and serve as the element
 2        of the comprehensive plan upon which all  other  elements
 3        are  based.  The land use element must be in text and map
 4        form.  It must include supporting studies on  population,
 5        the local economy, natural resources, and an inventory of
 6        existing land uses.
 7             (3)  Transportation.  The purpose of this element is
 8        to   consider   all  relevant  modes  of  transportation,
 9        including mass transit,  air,  water,  rail,  automobile,
10        bicycle,   and   pedestrian   modes   of  transportation;
11        accommodate special needs; establish  the  framework  for
12        the acquisition, preservation, and protection of existing
13        and  future rights-of-way; and incorporate transportation
14        performance measures.
15             (4)  Community facilities (schools,  parks,  police,
16        fire,  and  water and sewer). The purpose of this element
17        is to provide community facilities; establish  levels  of
18        service;  ensure  that facilities are provided as needed;
19        and coordinate with other units of local government  that
20        provide the needed facilities.
21             (5)  Telecommunications infrastructure.  The purpose
22        of  this  element  is  to  coordinate  telecommunications
23        initiatives;   assess  short-term  and  long-term  needs,
24        especially regarding economic development; determine  the
25        existing       telecommunications       services       of
26        telecommunications providers; encourage investment in the
27        most advanced technologies; and establish a framework for
28        providing reasonable access to public rights-of-way.
29             (6)  Housing.   The  purpose  of  this element is to
30        document the present and future needs for housing  within
31        the  jurisdiction  of  the  local  government,  including
32        affordable  housing  and special needs housing; take into
33        account the housing needs of a  larger  region;  identify
34        barriers   to   the   production  of  housing,  including
HB4023 Enrolled            -5-                 LRB9214545LBpr
 1        affordable housing; access the  condition  of  the  local
 2        housing  stock;  and  develop  strategies,  programs, and
 3        other actions to address the needs for a range of housing
 4        options.
 5             (7)  Economic  development.   The  purpose  of  this
 6        element  is  to  coordinate  local  economic  development
 7        initiatives with those of the State; ensure that adequate
 8        economic   development   opportunities   are   available;
 9        identify the  strategic  competitive  advantages  of  the
10        community   and   the   surrounding  region;  assess  the
11        community's strengths  and  weaknesses  with  respect  to
12        attracting  and  retaining  business  and  industry;  and
13        define the municipality's and county's role.
14             (8)  Natural resources.  The purpose of this element
15        is  to  identify  and define the natural resources in the
16        community with respect to water, land, flora, and  fauna;
17        identify  the  land  and water areas in relation to these
18        resources; assess the relative importance of these  areas
19        to  the  needs  of the resources; and identify mitigation
20        efforts that are needed to protect these resources.
21             (9)  Public  participation.    This   element   must
22        include a process for engaging the community in outreach;
23        the  development  of  a  sense  of community; a consensus
24        building process; and a public education strategy.
25             (10)  Comprehensive  plans  may  also  include   the
26        following:   natural   hazards;  agriculture  and  forest
27        preservation; human services; community design;  historic
28        preservation;  and  the  adoption of subplans, as needed.
29        The decision on whether to include these elements in  the
30        comprehensive  plan  shall  be  based on the needs of the
31        particular unit of local government.
32        (b)  The purpose of this Section is to  provide  guidance
33    on  the  elements  of a comprehensive plan but not to mandate
34    content.
HB4023 Enrolled            -6-                 LRB9214545LBpr
 1        Section 30.  Consistency  of  land  use  regulations  and
 2    actions with comprehensive plans.
 3        (a)  If  a municipality or county is receiving assistance
 4    to write or revise a comprehensive plan, for  5  years  after
 5    the effective date of the plan, land development regulations,
 6    including  amendments  to  a  zoning  map,  and  any land use
 7    actions  should  be  consistent  with  the  new  or   revised
 8    comprehensive plan. "Land use actions" include preliminary or
 9    final  approval  of a subdivision plat, approval of a planned
10    unit development, approval of a conditional use,  granting  a
11    variance,  or  a  decision  by  a unit of local government to
12    construct a capital improvement, acquire land  for  community
13    facilities, or both.
14        (b)  Municipalities   and   counties  that  have  adopted
15    official comprehensive plans in accordance with  Division  12
16    of  Article  11  of  the  Illinois  Municipal Code or Section
17    5-14001 of the Counties Code may be eligible  for  additional
18    preferences  in  State  economic  development programs, State
19    transportation  programs,  State  planning  programs,   State
20    natural resources programs, and State agriculture programs.

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

32        Section 40.  Annual report.
HB4023 Enrolled            -7-                 LRB9214545LBpr
 1        (a)  The Department may, at least annually but more often
 2    at  its  discretion,  report  in  writing to the Governor and
 3    General Assembly on:
 4             (1)  The results and impacts of county and municipal
 5        activities  funded  by the grants authorized by this Act.
 6             (2)  The distribution of the grants.
 7             (3)  Model ordinances, manuals, and other  technical
 8        publications prepared by the Department.
 9             (4)  Educational and training programs  provided  by
10        the Department.
11        (b)  The  report may also be provided to all counties and
12    municipalities in this State, regional planning agencies  and
13    commissions  in  this  State, the Illinois State Library, all
14    public libraries in this State, and  to  other  organizations
15    and libraries upon request at the Department's discretion.

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

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

25        (30 ILCS 105/5.570 new)
26        Sec. 5.570.  The Local Planning Fund.

27        Section   999.  Effective  date.   This  Act takes effect
28    upon becoming law.

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