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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB0321
5 ILCS 220/3.8 new
Amends the Intergovernmental Cooperation Act. Provides
that local governments located within territory served by the
Northeastern Illinois Planning Commission may jointly plan
for, protect, and manage the land, other natural resources,
and facilities within their jurisdictions through the
adoption of intergovernmental land use plans. Sets out
procedures for the adoption, amendment, and repeal of the
plans. Provides that the term of a plan shall not exceed 20
years. States that units of local government may establish
the office of hearing office to resolve disputes. Allows
the hearing officer or other person to mediate or to serve as
an arbitrator in binding or non-binding arbitration.
Effective immediately.
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1 AN ACT to amend the Intergovernmental Cooperation Act by
2 adding Section 3.8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Intergovernmental Cooperation Act is
6 amended by adding Section 3.8 as follows:
7 (5 ILCS 220/3.8 new)
8 Sec. 3.8. Northeastern Illinois intergovernmental land
9 use planning.
10 (a) Definitions. As used in this Section, the following
11 words and phrases have the following meanings:
12 (1) "General purpose local government" means any
13 county, city, village, or incorporated town located in
14 whole or in part within the territory served by the
15 Northeastern Illinois Planning Commission.
16 (2) "Local government" means a unit of local
17 government as defined in Section 1 of Article VII of the
18 Illinois Constitution that is located in whole or in part
19 within the territory served by the Northeastern Illinois
20 Planning Commission.
21 (3) "Intergovernmental land use plan" means a plan
22 (i) that has been adopted by 2 or more local governments,
23 at least 2 of which are general purpose local
24 governments, pursuant to subsection (c) and (ii) that
25 addresses one or more of the following matters: the
26 planning, development, use, and protection of land; the
27 planning, development, use, and protection of natural and
28 other local resources; the planning, development, use,
29 and protection of public and private facilities,
30 infrastructure, and other improvements; and the
31 administration, implementation, and enforcement of those
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1 plans and programs.
2 (4) "Land" means the earth, water, and air, above,
3 below, or on the surface, and includes any improvements
4 or structures customarily regarded as real property.
5 (5) "Person" means any individual, public or
6 private corporation, partnership, association, or other
7 public or private agency or entity.
8 (b) Purposes and general powers. To the extent not
9 prohibited by either the Illinois Constitution or any law,
10 local governments may jointly plan for, manage, and protect
11 the land, other natural resources, and facilities within
12 their jurisdictions and are encouraged to plan for the use of
13 those resources and facilities in a manner that is socially
14 and economically desirable through the adoption of
15 intergovernmental land use plans related to their local
16 government and affairs. The powers granted in this Section
17 are not intended to limit or preempt the powers granted under
18 the Illinois Constitution or any other provision of law,
19 including without limitation this Act, statutes granting
20 extraterritorial powers, and statutes authorizing State
21 agencies to promulgate rules, standards, and plans for
22 property or natural resources over which the State has
23 jurisdiction; but, rather, are intended to augment and
24 supplement those powers and to facilitate intergovernmental
25 planning and cooperation in the exercise of those powers.
26 When acting under this Section, local governments are
27 furthering the policy of the State in land use, resource, and
28 facilities planning and management. The local governments
29 shall be deemed to be acting under the power of the State,
30 and the local governments are entitled to, and are granted,
31 the State's immunity from liability under federal and State
32 antitrust laws. Subject to the requirements and limitations
33 of this Section and to the extent not prohibited by either
34 the Illinois Constitution or any law, local governments are,
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1 when acting jointly, authorized to:
2 (1) prepare, adopt, amend, and repeal
3 intergovernmental land use plans pertaining to their
4 local government and affairs, as set forth in subsection
5 (c) and subject to the limitations set forth in
6 subsection (e);
7 (2) enact and enforce ordinances and regulations,
8 and enter into intergovernmental agreements, pertaining
9 to their local government and affairs to implement
10 intergovernmental land use plans, as set forth in
11 subsection (d) and subject to the limitations set forth
12 in subsection (e);
13 (3) designate, by ordinance, commissions and boards
14 for the administration and enforcement of the plans,
15 ordinances, and agreements and specify the terms of
16 membership, compensation, qualifications, and methods of
17 appointment and removal for members of the boards and
18 commissions; the boards and commissions shall serve to
19 hear petitions for zoning changes for portions of
20 property covered by the plan and on behalf of the general
21 purpose local governments who have adopted the plan and
22 may recommend changes in the zoning to those general
23 purpose local governments;
24 (4) provide, by ordinance, for the selection of
25 officers, employees, and independent contractors for the
26 preparation, administration, and enforcement of the
27 plans, ordinances, and agreements; and
28 (5) receive and expend public funds for the
29 purposes authorized by this Section.
30 (c) Adoption, amendment, and repeal of intergovernmental
31 land use plans. Except as limited by subsection (e), any 2
32 or more local governments, at least 2 of which are general
33 purpose local governments, may adopt, amend, or repeal
34 intergovernmental land use plans relating to their local
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1 government and affairs in the manner set forth in this
2 subsection. The corporate authorities of the local
3 governments considering adopting an intergovernmental land
4 use plan shall direct that a public hearing on the proposed
5 intergovernmental land use plan shall be held before a
6 hearing body designated by, and pursuant to, procedures
7 approved or authorized by resolution adopted by the corporate
8 authorities of all the local governments. Notice of the
9 proposed hearing shall be given not less than 15 days nor
10 more than 30 days before the hearing by publication in a
11 newspaper of general circulation in the county or counties in
12 which the territory to be affected by the proposed
13 intergovernmental land use plan is located. The public
14 notice shall include the time and place of the hearing, shall
15 identify the territory to be affected by the proposed
16 intergovernmental land use plan, and shall refer to this
17 Section. All persons desiring to be heard in support of, or
18 in opposition to, the proposed intergovernmental land use
19 plan shall be afforded the opportunity to be heard, subject
20 to reasonable rules and limitations imposed by the hearing
21 body in accordance with the authority granted to it, and
22 those persons may submit their statements, orally, in
23 writing, or both, before the closing of the hearing record.
24 The hearing may be recessed to another date if not concluded,
25 if notice of the time and place of the recessed hearing (i)
26 is published in a newspaper general circulation in the county
27 or counties in which the territory to be affected by the
28 proposed intergovernmental land use plan is located not less
29 the 5 days before the date of the recessed hearing or (ii) is
30 publicly announced at the hearing. Within 90 days after the
31 conclusion of the hearing, or within such longer time as has
32 been authorized by the corporate authorities of each local
33 government considering adoption of the intergovernmental land
34 use plan, the hearing body shall make its recommendations
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1 concerning the adoption of the proposed intergovernmental
2 land use plan to the corporate authorities of each local
3 governmental considering adoption of the intergovernmental
4 land use plan. The proposed intergovernmental land use plan
5 may be modified following the public hearing.
6 Notice of the availability of the recommendations of the
7 hearing body shall be provided by publication in a newspaper
8 of general circulation in the county or counties in which the
9 territory to be affected by the proposed intergovernmental
10 land use plan is located not less than 15 days before the
11 first public meeting at which any of the corporate
12 authorities will consider the recommendations.
13 The corporate authorities of each local government
14 considering adoption of the proposed intergovernmental land
15 use plan shall consider the recommendations of the hearing
16 body and any other information derived from the hearing. The
17 corporate authorities of each local government considering
18 adoption of the proposed intergovernmental land use plan
19 shall either adopt the proposed intergovernmental land use
20 plan in whole or in part, with or without any amendments,
21 revisions, or conditions, or reject the proposed
22 intergovernmental land use plan. The proposed
23 intergovernmental land use plan shall be adopted by
24 ordinances approved by the corporate authorities of each
25 local government choosing to adopt the plan.
26 The intergovernmental land use plan shall become
27 effective in accordance with its terms, but shall not become
28 effective until at least 10 days after the notice of the
29 plan's effectiveness is filed with the recorder of the county
30 or counties in which the territory to be affected the the
31 plan is located.
32 Every intergovernmental land use plan adopted under this
33 subsection shall, except as otherwise expressly provided in
34 the plan, be binding on every local government that has
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1 adopted the plan. No intergovernmental land use plan adopted
2 under this subsection shall be binding on any local
3 government that has not adopted the plan.
4 Any intergovernmental land use plan adopted under this
5 subsection may be amended, or repealed in its entirety, by
6 the same procedures provided in this subsection for the
7 adoption of the plan or by any other procedure set forth in
8 the plan, so long as the procedure provides for at least one
9 public hearing noticed in the manner specified in this
10 subsection; except that no such notice or hearing shall be
11 required for amendments limited solely to adding additional
12 local governments as parties to the plan.
13 Every intergovernmental land use plan, and every
14 amendment to any plan, adopted under this Section shall be
15 filed with the Northeastern Illinois Planning Commission
16 within 30 days following its adoption. Failure to file shall
17 not invalidate the plan or amendment.
18 Every intergovernmental land use plan, and every
19 amendment to any plan, adopted by any local government under
20 this Section shall control over any prior plan adopted by
21 that local government to the extent of any inconsistency
22 between the plans or amendments.
23 Every intergovernmental land use plan adopted under this
24 Section shall have a term of 20 years unless it specifically
25 provides for a lesser term. Every plan shall be renewable for
26 additional terms, none of which shall be in excess of 20
27 years, by readoption in accordance with the procedures for
28 adoption set forth in this subsection.
29 (d) Implementation of intergovernmental land use plans.
30 Except as limited by subsection (e), local governments that
31 have adopted an intergovernmental land use plan under this
32 Section may, in order to implement that plan, adopt
33 ordinances and enter into and enforce intergovernmental
34 agreements; except that those implementing ordinances and
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1 agreements shall pertain to the local government and affairs
2 of the local governments adopting those ordinances or
3 entering into those agreements. Implementing ordinances and
4 agreements approved under this subsection may, without
5 limitation, relate to any one or more of the following
6 intergovernmental matters: planning, zoning, development,
7 improvement, management, administration, and enforcement.
8 If the implementation of any intergovernmental land use
9 plan requires any change in zoning of all or any portion of
10 the territory affected by the plan, the notice and approval
11 procedures for those zoning changes established by and for
12 the respective general purpose local governments that have
13 adopted the plan shall be followed before any change is
14 effected.
15 Notwithstanding the absence of any other specific
16 statutory authority, the intergovernmental agreements
17 authorized by this subsection may include as parties any
18 local government that has adopted the plan and any other
19 person affected by or interested in the plan and may provide
20 for: (i) the joint exercise, combination, or transfer of
21 any power (other than the power to tax) or function to the
22 extent permitted by Section 10 of Article VII of the
23 Constitution and not otherwise prohibited by law; (ii) the
24 performance of any service, activity, or undertaking that any
25 of the contracting local governments is authorized to
26 perform; and (iii) the limitation or restriction on the
27 exercise of any power or function or on the performance of
28 any service, activity, or undertaking by any of the
29 contracting local governments.
30 Intergovernmental agreements authorized by this
31 subsection shall have a term of 20 years unless they
32 specifically provide for a lesser term. Those agreements
33 shall be renewable for additional terms, none of which shall
34 be in excess of 20 years.
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1 (e) Jurisdictional limits. Nothing in this Section shall
2 be construed to grant new extraterritorial powers to, or to
3 limit the existing extraterritorial powers of, any local
4 government except to the extent that any existing power is
5 limited by an intergovernmental land use plan, ordinance, or
6 agreement approved by the local government under subsection
7 (c) or subsection (d).
8 No intergovernmental land use plan shall apply to any
9 land that is incorporated within a city, village, or
10 incorporated town unless the plan has been adopted by that
11 city, village, or incorporated town in the manner provided in
12 subsection (c). No intergovernmental land use plan shall
13 apply to any land that is not incorporated in a city,
14 village, or incorporated town unless that plan has been
15 adopted by the county or counties in which the land is
16 located in the manner provided in subsection (c); except that
17 this limitation shall not be construed to prohibit or limit
18 intergovernmental land use plans between or among
19 municipalities concerning either (i) the filing of zoning
20 protests by the municipalities under Section 5-12014 of the
21 Counties Code or (ii) the designation or control of land uses
22 or zoning to be imposed on any unincorporated land in the
23 event that, but only after, the land is annexed to any
24 municipality.
25 Except as otherwise authorized by law, the application,
26 authority, effect, and enforcement of ordinances adopted, and
27 intergovernmental agreements entered into, under subsection
28 (d) shall be limited to, and no such ordinance or agreement
29 shall apply or be enforced beyond, the jurisdictional limits,
30 including any extraterritorial jurisdiction authorized by
31 law, of the general purpose local governmental that have
32 adopted the ordinances and that are parties to the
33 agreements; except that this limitation shall not be
34 construed to prohibit or limit ordinances and agreements
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1 between or among municipalities concerning either (i) the
2 filing of zoning protests by the municipalities under Section
3 5-12014 of the Counties Code or (ii) the designation or
4 control of land uses or zoning to be imposed on any
5 unincorporated land in the event that, but only after, the
6 land is annexed to any municipality.
7 (f) Intergovernmental planning grants. The State, or
8 any department of the State, may make annual grants to any
9 local government to develop, update, administer, and
10 implement intergovernmental land use plans and related
11 ordinances and agreements.
12 The State may promulgate such rules and regulations
13 establishing procedures for determining entitlement and
14 eligible uses of those grants as it deems necessary for the
15 purposes of this subsection (f).
16 (g) Resolution of disputes. Local governments adopting
17 intergovernmental land use plans under this Section may also,
18 by their subsequent implementing ordinances and agreements,
19 establish the office and functions of a hearing officer for
20 the resolution of disputes arising under any plans,
21 ordinances, or agreements authorized by this Section. In
22 addition, local governments may authorize, by
23 intergovernmental agreement, that a hearing officer or other
24 person may meditate or serve as an arbitrator in binding or
25 non-binding arbitration of disputes arising under any
26 intergovernmental land use plan, ordinance, or agreement
27 adopted or approved under this Section. If binding
28 arbitration is chosen, the provisions of the Uniform
29 Arbitration Act shall apply.
30 (h) Standing to sue. Should a dispute occur between or
31 among local governments or any other persons concerning any
32 intergovernmental land use plan, ordinance, or agreement
33 adopted or approved under this Section, the circuit court in
34 any county in which that plan, ordinance, or agreement is
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1 effective shall have jurisdiction to determine the dispute,
2 including jurisdiction to determine whether the plan,
3 ordinance, or agreement was adopted or approved in the manner
4 and by the procedures required by this Section and for the
5 public purposes authorized by this Section, but only upon a
6 complaint filed by (i) a person having an interest in land
7 that is or may be adversely affected by the plan, ordinance,
8 or agreement; (ii) a general purpose local government that is
9 or may be adversely affected in its corporate capacity by the
10 plan, ordinance, or agreement or that has a private or
11 proprietary interest that is or may adversely affected by the
12 plan, ordinance, or agreement; (iii) a local government or
13 other person that is a party to the plan or agreement; or
14 (iv) the State. The court shall take into consideration any
15 evidence of State, regional, county, or municipal plans, the
16 objectives of this Section, and all relevant facts presented
17 by the parties to the controversy. If any intergovernmental
18 land use plan, ordinance, or agreement adopted or approved
19 under this Section applies to territory located in more than
20 one county, venue shall be in the county in which the land
21 that is the subject matter of the dispute is located or, if
22 the land is located in more than one county, in the county in
23 which the greater area of the land is located.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.