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92_HB4023eng HB4023 Engrossed 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 HB4023 Engrossed -2- LRB9214545LBpr 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 HB4023 Engrossed -3- LRB9214545LBpr 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 Engrossed -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 location and capacity of existing infrastructure; 26 encourage investment in the most advanced technologies; 27 and establish a framework for providing reasonable access 28 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 Engrossed -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 Engrossed -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 Engrossed -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.