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90_HB2420
New Act
30 ILCS 115/2 from Ch. 85, par. 612
30 ILCS 805/8.22 new
Creates the Urban Growth Planning Act to require more
densely populated or rapidly growing counties to prepare
Urban Growth Plans, under which the counties designate urban
growth areas beyond which no urban land uses shall be
allowed. Provides for local government cooperation and public
participation in the designation of urban growth areas.
Preempts home rule powers. Amends the State Mandates Act to
require implementation without reimbursement. Amends the
State Revenue Sharing Act to authorize the Department of
Revenue to withhold distributions from the Local Government
Distribution Fund to counties that fail to timely submit
Urban Growth Plans. Effective immediately.
LRB9006816DPcwA
LRB9006816DPcwA
1 AN ACT to create the Urban Growth Planning Act, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Urban Growth Planning Act.
7 Section 5. Legislative findings. The General Assembly
8 finds that uncoordinated and unplanned growth poses a threat
9 to the environment, sustainable economic and agricultural
10 development, and the health, safety, and quality of life of
11 the residents of this State. It is in the public interest
12 that local governments and the private sector coordinate with
13 one another in urban planning. It is therefore the purpose
14 of this Act to encourage development in urban areas where
15 adequate public facilities and services exist or can be
16 provided in an efficient manner and to reduce the
17 inappropriate conversion of undeveloped land into sprawling,
18 low-density development.
19 Section 10. Definitions.
20 "Advisory Council" means the Urban Growth Advisory
21 Council created under Section 18.
22 "Department" means the Department of Commerce and
23 Community Affairs.
24 "Urban growth" means the conversion of rural or other
25 non-urban land uses to urban land uses.
26 "Urban growth area" means an area designated by a county
27 under Section 20.
28 "Urban land use" means an intensive use of land for the
29 location of one or more buildings, structures, or impermeable
30 surfaces to such a degree as to be incompatible with the
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1 primary use of the land for the production of food, other
2 agricultural products, or fiber, for the extraction of
3 mineral resources, or for conservation or outdoor
4 recreational uses.
5 Section 15. Scope of Act. The requirements imposed and
6 powers granted under this Act are intended to supplement
7 other lawful authority or duties and not to repeal or limit
8 that authority or those duties.
9 Section 18. Advisory Council. The Urban Growth
10 Advisory Council is created to serve in an advisory capacity
11 to units of local government in their preparation of Urban
12 Growth Plans under this Act. The Advisory Council shall
13 consist of 9 members, including: the Director of Commerce
14 and Community Affairs, the Secretary of Transportation, the
15 Director of Natural Resources, the Director of Agriculture,
16 and the Director of the Environmental Protection Agency, or
17 their designees; one representative of the Illinois
18 Association of County Officials appointed by the Governor;
19 one representative of the Illinois Municipal League appointed
20 by the Governor; and 2 persons each having at least 10 years
21 experience in county-wide land use planning appointed by the
22 Governor. The Director of Commerce and Community Affairs or
23 his or her designee shall serve as Chairperson.
24 Members appointed by the Governor shall serve 2-year
25 terms, except that of the initial appointees, 2 members shall
26 be appointed to serve initial terms of one year. A member
27 appointed by the Governor shall serve no more than 2
28 consecutive 2-year terms.
29 The Governor may remove any member for cause at any time
30 before the expiration of his or her term.
31 A majority of the Advisory Council currently appointed
32 shall constitute a quorum. A vacancy in the membership of
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1 the Advisory Council shall be filled for the unexpired
2 portion of the term.
3 Members of the Advisory Council shall be reimbursed for
4 all legitimate and necessary expenses incurred in attending
5 meetings of the Advisory Council.
6 Section 20. Urban Growth Plans.
7 (a) The governing authority of a county that has a
8 population of at least 50,000 on the effective date of this
9 Act and has had its population increase by more than 10
10 percent in the 10 years preceding the effective date of this
11 Act, and any other county regardless of its population that
12 has had its population increase by more than 20 percent in
13 the 10 years preceding the effective date of this Act, must
14 adopt an Urban Growth Plan on or before January 1, 2000. For
15 purposes of this subsection and subsection (b), populations
16 and population growth shall be determined according to annual
17 population estimates provided by the Population Division of
18 the U.S. Bureau of the Census.
19 (b) Any county not subject to subsection (a) but which,
20 after the effective date of this Act, has a population of at
21 least 50,000 and experiences a population increase of more
22 than 10 percent in a 10-year period or any other county not
23 subject to subsection (a) which, after the effective date of
24 this Act, experiences a population increase of 20 percent in
25 a 10-year period, must adopt an Urban Growth Plan within 3
26 years after the end date of the 10-year growth period.
27 (c) In the Urban Growth Plan, the county shall designate
28 the urban growth area or areas within which urban land uses
29 shall be allowed and outside of which urban land uses shall
30 not be permitted. Each municipality that is located in a
31 county required to submit an Urban Growth Plan under this
32 Section shall be included within an urban growth area. An
33 urban growth area may include more than one municipality and
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1 may include territory that is located outside of a
2 municipality if the territory is already characterized by
3 urban growth or is adjacent to territory already
4 characterized by urban growth. An urban growth area shall
5 permit greenbelt and open space areas.
6 In its designation of urban growth areas, a county shall
7 locate urban growth areas first on land already characterized
8 by urban growth and having public facilities and service
9 capacities to serve the existing development, and second in
10 areas already characterized by urban growth that will be
11 served by a combination of both existing public facilities
12 and services and any additional needed public facilities and
13 services that are provided by either public or private
14 sources.
15 (d) On or before January 1, 1999, or within 2 years
16 after the end date of the 10-year growth period in the case
17 of a county subject to subsection (b), the Advisory Council
18 shall prepare a 20-year population forecast for each county
19 required to adopt an Urban Growth Plan under this Section.
20 Based on the population forecast provided by the Advisory
21 Council, the urban growth area or areas for the county shall
22 include areas and densities sufficient to allow the urban
23 growth that is projected to occur in the county for the
24 succeeding 20-year period.
25 (e) On or before July 1, 1999, or within 2 1/2 years
26 after the end date of the 10-year growth period in the case
27 of a county subject to subsection (b), each county required
28 to designate urban growth areas shall begin consulting with
29 each municipality located within the county's boundaries, and
30 each municipality shall propose the location of an urban
31 growth area. The county shall attempt to reach agreement
32 with each municipality on the location of an urban growth
33 area within which the municipality is located. If an
34 agreement is not reached with each municipality within the
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1 urban growth area, the county shall justify in writing why it
2 designated the area an urban growth area.
3 A municipality may raise a formal objection with the
4 Advisory Council concerning the designation of an urban
5 growth area within which it is located. When appropriate,
6 the Advisory Council shall attempt to resolve conflicts,
7 including through the use of mediation services. The
8 Advisory Council shall prescribe procedures for hearing
9 objections and conducting alternative dispute resolution
10 proceedings.
11 (f) Counties shall adopt Urban Growth Plans in
12 accordance with this Section notwithstanding general
13 statutory limitations concerning county and municipal zoning.
14 Section 25. Intergovernmental cooperation. A
15 municipality or county may enter into and enforce
16 intergovernmental agreements for joint or compatible urban
17 growth planning, as required under this Act, with counties,
18 municipalities, and other units of State and local government
19 notwithstanding general statutory limitations concerning
20 county and municipal zoning.
21 Section 30. Revision of comprehensive plan. If a
22 comprehensive land use plan was adopted by a unit of local
23 government under the Illinois Municipal Code before the
24 designation of an urban growth area that includes the unit of
25 local government, the unit of local government shall revise
26 or amend the comprehensive plan by resolution to bring the
27 comprehensive plan into conformity with the Urban Growth
28 Plan. However, nothing in this Act shall be construed to
29 limit or modify the rights of a person who has been issued a
30 final local development order or authorization if development
31 has commenced and is continuing in good faith or is
32 completed.
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1 Section 35. Public participation. Each county subject
2 to Section 20 of this Act shall provide for public
3 participation in the designation of urban growth areas,
4 including the dissemination of proposals and alternatives,
5 opportunity for written comments, public meetings after
6 timely notice, and consideration of and response to public
7 comments.
8 Section 40. Technical assistance. The Advisory Council
9 shall provide technical assistance to counties and
10 municipalities to encourage and facilitate the adoption and
11 implementation of Urban Growth Plans.
12 Section 45. Home rule preemption. A home rule unit may
13 not conduct land use planning in a manner inconsistent with
14 this Act. This Section is a limitation under subsection (i)
15 of Section 6 of Article VII of the Illinois Constitution on
16 the concurrent exercise by home rule units of powers and
17 functions exercised by the State.
18 Section 80. The State Revenue Sharing Act is amended by
19 changing Section 2 as follows:
20 (30 ILCS 115/2) (from Ch. 85, par. 612)
21 Sec. 2. Allocation and disbursement. As soon as may be
22 after the first day of each month, the Department of Revenue
23 shall allocate among the several municipalities and counties
24 of this State the amount available in the Local Government
25 Distributive Fund and in the Income Tax Surcharge Local
26 Government Distributive Fund, determined as provided in
27 Sections 1 and 1a above. Except as provided in Sections 13
28 and 13.1 of this Act, the Department shall then certify such
29 allocations to the State Comptroller, who shall pay over to
30 the several municipalities and counties the respective
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1 amounts allocated to them. The amount of such Funds
2 allocable to each such municipality and county shall be in
3 proportion to the number of individual residents of such
4 municipality or county to the total population of the State,
5 determined in each case on the basis of the latest census of
6 the State, municipality or county conducted by the Federal
7 government and certified by the Secretary of State and for
8 annexations to municipalities, the latest Federal, State or
9 municipal census of the annexed area which has been certified
10 by the Department of Revenue. For the purpose of this
11 Section, the number of individual residents of a county shall
12 be reduced by the number of individuals residing therein in
13 municipalities, but the number of individual residents of the
14 State, county and municipality shall reflect the latest
15 census of any of them. The amounts transferred into the Local
16 Government Distributive Fund pursuant to Section 9 of the Use
17 Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
18 the Service Occupation Tax Act, and Section 3 of the
19 Retailers' Occupation Tax Act, each as now or hereafter
20 amended, pursuant to the amendments of such Sections by
21 Public Act 85-1135, shall be distributed as provided in said
22 Sections. Notwithstanding any other provision of this
23 Section, the Department of Revenue shall withhold the
24 disbursement to a county that has failed to submit an Urban
25 Growth Plan, as required under the Urban Growth Planning Act,
26 for each month during which the Plan remains unsubmitted.
27 (Source: P.A. 86-18.)
28 Section 90. The State Mandates Act is amended by adding
29 Section 8.22 as follows:
30 (30 ILCS 805/8.22 new)
31 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
32 and 8 of this Act, no reimbursement by the State is required
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1 for the implementation of any mandate created by this
2 amendatory Act of 1998.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.