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92_HB4023ham002
LRB9214545LBpcam01
1 AMENDMENT TO HOUSE BILL 4023
2 AMENDMENT NO. . Amend House Bill 4023, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Local Planning Technical Assistance Act.
7 Section 5. Purposes. The purposes of this Act are to:
8 (1) Provide technical assistance to Illinois local
9 governments that request it for the development of local
10 planning ordinances and regulations.
11 (2) Encourage Illinois local governments to engage
12 in planning, regulatory, and development approaches that
13 promote and encourage comprehensive planning.
14 (3) Prepare and distribute model ordinances,
15 manuals, and other technical publications that promote
16 and encourage comprehensive planning.
17 (4) Research and report upon the results and impact
18 of activities funded by the demonstration grants.
19 (5) Support local planning efforts in communities
20 with limited financial means.
21 (6) Support planning efforts that include one or
22 more units of local government or planning agencies
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1 working together.
2 Section 10. Definitions. In this Act:
3 "Comprehensive plan" means a regional plan adopted under
4 Section 5-14001 of the Counties Code, an official
5 comprehensive plan adopted under Section 11-12-6 of the
6 Illinois Municipal Code, or local land resource management
7 plan adopted under Section 4 of the Local Land Resource
8 Management Planning Act.
9 "Department" means the Department of Commerce and
10 Community Affairs.
11 "Land development regulation" means any development or
12 land use ordinance or regulation of a county or municipality
13 including zoning and subdivision ordinances.
14 "Local government" or "unit of local government" means
15 any city, village, incorporated town, or county.
16 "Subsidiary plan" means any portion of a comprehensive
17 plan that guides development, land use, or infrastructure for
18 a county or municipality or a portion of a county or
19 municipality.
20 Section 15. Technical assistance grants. The Department
21 may make grants to units of local government to develop,
22 update, administer, and implement comprehensive plans,
23 subsidiary plans, land development regulations, development
24 incentives, market feasibility studies, and environmental
25 assessments that promote and encourage the principles of
26 comprehensive planning. Comprehensive planning includes
27 appropriately and proportionally weighing the elements listed
28 in Section 25 of this Act and including them within the
29 comprehensive plan.
30 The Department may adopt rules establishing standards and
31 procedures for determining eligibility for the grants,
32 regulating the use of funds under the grants, and requiring
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1 periodic reporting of the results and impact of activities
2 funded by the grants. No individual grant under this Act may
3 have duration of more than 24 months.
4 The Department, in the determination of grantees, may
5 also seek an even balance of grants within metropolitan
6 regions.
7 Section 20. Model ordinances and technical publications.
8 The Department may prepare model ordinances, manuals, and
9 other technical publications that are founded upon and
10 promote comprehensive planning. The Department may make all
11 possible use of existing model ordinances, manuals, and other
12 technical publications that promote and encourage
13 comprehensive planning and that were prepared by regional
14 planning agencies and commissions, councils of government,
15 and other organizations.
16 The Department may employ or retain private
17 not-for-profit entities, regional planning agencies and
18 commissions, councils of government, and universities to
19 advise, prepare, or conduct the preparation of the model
20 ordinances, manuals, and other technical publications.
21 The Department may distribute any model ordinances,
22 manuals, and other technical publications prepared under this
23 Section to all counties and municipalities in this State,
24 regional planning agencies and commissions in this State, the
25 Illinois State Library, all public libraries in this State,
26 and to other organizations and libraries at the Department's
27 discretion.
28 Section 25. Use of technical assistance grants.
29 (a) Technical assistance grants may be used to write or
30 revise a local comprehensive plan. A comprehensive plan
31 funded under Section 15 of this Act must address, but is not
32 limited to addressing, each of the following elements:
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1 (1) Issues and opportunities. The purpose of this
2 element is to state the vision of the community, identify
3 the major trends and forces affecting the local
4 government and its citizens, set goals and standards, and
5 serve as a series of guiding principles and priorities to
6 implement the vision.
7 (2) Land use and natural resources. The purpose of
8 this element is to translate the vision statement into
9 physical terms; provide a general pattern for the
10 location, distribution, and characteristics of future
11 land uses over a 20-year period; and serve as the element
12 of the comprehensive plan upon which all other elements
13 are based. The land use element must be in text and map
14 form. It must include supporting studies on population,
15 the local economy, natural resources, and an inventory of
16 existing land uses.
17 (3) Transportation. The purpose of this element is
18 to consider all relevant modes of transportation,
19 including mass transit, air, water, rail, automobile,
20 bicycle, and pedestrian modes of transportation;
21 accommodate special needs; establish the framework for
22 the acquisition, preservation, and protection of existing
23 and future rights-of-way; and incorporate transportation
24 performance measures.
25 (4) Community facilities (schools, parks, police,
26 fire, and water and sewer). The purpose of this element
27 is to provide community facilities; establish levels of
28 service; ensure that facilities are provided as needed;
29 and coordinate with other units of local government that
30 provide the needed facilities.
31 (5) Telecommunications infrastructure. The purpose
32 of this element is to coordinate telecommunications
33 initiatives; assess short-term and long-term needs,
34 especially regarding economic development; determine the
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1 location and capacity of existing infrastructure;
2 encourage investment in the most advanced technologies;
3 and establish a framework for providing reasonable access
4 to public rights-of-way.
5 (6) Housing. The purpose of this element is to
6 document the present and future needs for housing within
7 the jurisdiction of the local government, including
8 affordable housing and special needs housing; take into
9 account the housing needs of a larger region; identify
10 barriers to the production of housing, including
11 affordable housing; access the condition of the local
12 housing stock; and develop strategies, programs, and
13 other actions to address the needs for a range of housing
14 options.
15 (7) Economic development. The purpose of this
16 element is to coordinate local economic development
17 initiatives with those of the State; ensure that adequate
18 economic development opportunities are available;
19 identify the strategic competitive advantages of the
20 community and the surrounding region; assess the
21 community's strengths and weaknesses with respect to
22 attracting and retaining business and industry; and
23 define the municipality's and county's role.
24 (8) Natural resources. The purpose of this element
25 is to identify and define the natural resources in the
26 community with respect to water, land, flora, and fauna;
27 identify the land and water areas in relation to these
28 resources; assess the relative importance of these areas
29 to the needs of the resources; and identify mitigation
30 efforts that are needed to protect these resources.
31 (9) Public participation. This element must
32 include a process for engaging the community in outreach;
33 the development of a sense of community; a consensus
34 building process; and a public education strategy.
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1 (10) Comprehensive plans may also include the
2 following: natural hazards; agriculture and forest
3 preservation; human services; community design; historic
4 preservation; and the adoption of subplans, as needed.
5 The decision on whether to include these elements in the
6 comprehensive plan shall be based on the needs of the
7 particular unit of local government.
8 (b) The purpose of this Section is to provide guidance
9 on the elements of a comprehensive plan but not to mandate
10 content.
11 Section 30. Consistency of land use regulations and
12 actions with comprehensive plans.
13 (a) If a municipality or county is receiving assistance
14 to write or revise a comprehensive plan, for 5 years after
15 the effective date of the plan, land development regulations,
16 including amendments to a zoning map, and any land use
17 actions should be consistent with the new or revised
18 comprehensive plan. "Land use actions" include preliminary or
19 final approval of a subdivision plat, approval of a planned
20 unit development, approval of a conditional use, granting a
21 variance, or a decision by a unit of local government to
22 construct a capital improvement, acquire land for community
23 facilities, or both.
24 (b) Municipalities and counties that have adopted
25 official comprehensive plans in accordance with Division 12
26 of Article 11 of the Illinois Municipal Code or Section
27 5-14001 of the Counties Code may be eligible for additional
28 preferences in State economic development programs, State
29 transportation programs, State planning programs, State
30 natural resources programs, and State agriculture programs.
31 Section 35. Educational and training programs. The
32 Department may provide educational and training programs in
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1 planning, regulatory, and development practices and
2 techniques that promote and encourage comprehensive planning,
3 including, but not limited to, the use and application of any
4 model ordinances, manuals, and other technical publications
5 prepared by the Department.
6 The Department may employ or retain not-for-profit
7 entities, regional planning agencies and commissions, and
8 universities to operate or conduct, or assist in the
9 operation or conduct of, the programs.
10 Section 40. Annual report.
11 (a) The Department may, at least annually but more often
12 at its discretion, report in writing to the Governor and
13 General Assembly on:
14 (1) The results and impacts of county and municipal
15 activities funded by the grants authorized by this Act.
16 (2) The distribution of the grants.
17 (3) Model ordinances, manuals, and other technical
18 publications prepared by the Department.
19 (4) Educational and training programs provided by
20 the Department.
21 (b) The report may also be provided to all counties and
22 municipalities in this State, regional planning agencies and
23 commissions in this State, the Illinois State Library, all
24 public libraries in this State, and to other organizations
25 and libraries upon request at the Department's discretion.
26 Section 45. Local Planning Fund. The Department may use
27 moneys, subject to appropriation, in the Local Planning Fund,
28 a special fund created in the State treasury, to implement
29 and administer this Act. If funds are not appropriated, the
30 Department is not required to carry forth the requirements of
31 this Act but may, at its discretion, use funds from other
32 sources.
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1 Section 900. The State Finance Act is amended by adding
2 Section 5.570 as follows:
3 (30 ILCS 105/5.570 new)
4 Sec. 5.570. The Local Planning Fund.
5 Section 999. Effective date. This Act takes effect
6 upon becoming law.".