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Public Act 92-0768
HB4023 Enrolled LRB9214545LBpr
AN ACT concerning local planning.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Local Planning Technical Assistance Act.
Section 5. Purposes. The purposes of this Act are to:
(1) Provide technical assistance to Illinois local
governments that request it for the development of local
planning ordinances and regulations.
(2) Encourage Illinois local governments to engage
in planning, regulatory, and development approaches that
promote and encourage comprehensive planning.
(3) Prepare and distribute model ordinances,
manuals, and other technical publications that promote
and encourage comprehensive planning.
(4) Research and report upon the results and impact
of activities funded by the demonstration grants.
(5) Support local planning efforts in communities
with limited financial means.
(6) Support planning efforts that include one or
more units of local government or planning agencies
working together.
Section 10. Definitions. In this Act:
"Comprehensive plan" means a regional plan adopted under
Section 5-14001 of the Counties Code, an official
comprehensive plan adopted under Section 11-12-6 of the
Illinois Municipal Code, or a local land resource management
plan adopted under Section 4 of the Local Land Resource
Management Planning Act.
"Department" means the Department of Commerce and
Community Affairs.
"Land development regulation" means any development or
land use ordinance or regulation of a county or municipality
including zoning and subdivision ordinances.
"Local government" or "unit of local government" means
any city, village, incorporated town, or county.
"Subsidiary plan" means any portion of a comprehensive
plan that guides development, land use, or infrastructure for
a county or municipality or a portion of a county or
municipality.
Section 15. Technical assistance grants. The Department
may make grants to units of local government to develop,
update, administer, and implement comprehensive plans,
subsidiary plans, land development regulations, development
incentives, market feasibility studies, and environmental
assessments that promote and encourage the principles of
comprehensive planning. Comprehensive planning includes
appropriately and proportionally weighing the elements listed
in Section 25 of this Act and including them within the
comprehensive plan.
The Department may adopt rules establishing standards and
procedures for determining eligibility for the grants,
regulating the use of funds under the grants, and requiring
periodic reporting of the results and impact of activities
funded by the grants. No individual grant under this Act may
have duration of more than 24 months.
The Department, in the determination of grantees, may
also seek an even balance of grants within metropolitan
regions.
Section 20. Model ordinances and technical publications.
The Department may prepare model ordinances, manuals, and
other technical publications that are founded upon and
promote comprehensive planning. The Department may make all
possible use of existing model ordinances, manuals, and other
technical publications that promote and encourage
comprehensive planning and that were prepared by regional
planning agencies and commissions, councils of government,
and other organizations.
The Department may employ or retain private
not-for-profit entities, regional planning agencies and
commissions, councils of government, and universities to
advise, prepare, or conduct the preparation of the model
ordinances, manuals, and other technical publications.
The Department may distribute any model ordinances,
manuals, and other technical publications prepared under this
Section to all counties and municipalities in this State,
regional planning agencies and commissions in this State, the
Illinois State Library, all public libraries in this State,
and to other organizations and libraries at the Department's
discretion.
Section 25. Use of technical assistance grants.
(a) Technical assistance grants may be used to write or
revise a local comprehensive plan. A comprehensive plan
funded under Section 15 of this Act must address, but is not
limited to addressing, each of the following elements:
(1) Issues and opportunities. The purpose of this
element is to state the vision of the community, identify
the major trends and forces affecting the local
government and its citizens, set goals and standards, and
serve as a series of guiding principles and priorities to
implement the vision.
(2) Land use and natural resources. The purpose of
this element is to translate the vision statement into
physical terms; provide a general pattern for the
location, distribution, and characteristics of future
land uses over a 20-year period; and serve as the element
of the comprehensive plan upon which all other elements
are based. The land use element must be in text and map
form. It must include supporting studies on population,
the local economy, natural resources, and an inventory of
existing land uses.
(3) Transportation. The purpose of this element is
to consider all relevant modes of transportation,
including mass transit, air, water, rail, automobile,
bicycle, and pedestrian modes of transportation;
accommodate special needs; establish the framework for
the acquisition, preservation, and protection of existing
and future rights-of-way; and incorporate transportation
performance measures.
(4) Community facilities (schools, parks, police,
fire, and water and sewer). The purpose of this element
is to provide community facilities; establish levels of
service; ensure that facilities are provided as needed;
and coordinate with other units of local government that
provide the needed facilities.
(5) Telecommunications infrastructure. The purpose
of this element is to coordinate telecommunications
initiatives; assess short-term and long-term needs,
especially regarding economic development; determine the
existing telecommunications services of
telecommunications providers; encourage investment in the
most advanced technologies; and establish a framework for
providing reasonable access to public rights-of-way.
(6) Housing. The purpose of this element is to
document the present and future needs for housing within
the jurisdiction of the local government, including
affordable housing and special needs housing; take into
account the housing needs of a larger region; identify
barriers to the production of housing, including
affordable housing; access the condition of the local
housing stock; and develop strategies, programs, and
other actions to address the needs for a range of housing
options.
(7) Economic development. The purpose of this
element is to coordinate local economic development
initiatives with those of the State; ensure that adequate
economic development opportunities are available;
identify the strategic competitive advantages of the
community and the surrounding region; assess the
community's strengths and weaknesses with respect to
attracting and retaining business and industry; and
define the municipality's and county's role.
(8) Natural resources. The purpose of this element
is to identify and define the natural resources in the
community with respect to water, land, flora, and fauna;
identify the land and water areas in relation to these
resources; assess the relative importance of these areas
to the needs of the resources; and identify mitigation
efforts that are needed to protect these resources.
(9) Public participation. This element must
include a process for engaging the community in outreach;
the development of a sense of community; a consensus
building process; and a public education strategy.
(10) Comprehensive plans may also include the
following: natural hazards; agriculture and forest
preservation; human services; community design; historic
preservation; and the adoption of subplans, as needed.
The decision on whether to include these elements in the
comprehensive plan shall be based on the needs of the
particular unit of local government.
(b) The purpose of this Section is to provide guidance
on the elements of a comprehensive plan but not to mandate
content.
Section 30. Consistency of land use regulations and
actions with comprehensive plans.
(a) If a municipality or county is receiving assistance
to write or revise a comprehensive plan, for 5 years after
the effective date of the plan, land development regulations,
including amendments to a zoning map, and any land use
actions should be consistent with the new or revised
comprehensive plan. "Land use actions" include preliminary or
final approval of a subdivision plat, approval of a planned
unit development, approval of a conditional use, granting a
variance, or a decision by a unit of local government to
construct a capital improvement, acquire land for community
facilities, or both.
(b) Municipalities and counties that have adopted
official comprehensive plans in accordance with Division 12
of Article 11 of the Illinois Municipal Code or Section
5-14001 of the Counties Code may be eligible for additional
preferences in State economic development programs, State
transportation programs, State planning programs, State
natural resources programs, and State agriculture programs.
Section 35. Educational and training programs. The
Department may provide educational and training programs in
planning, regulatory, and development practices and
techniques that promote and encourage comprehensive planning,
including, but not limited to, the use and application of any
model ordinances, manuals, and other technical publications
prepared by the Department.
The Department may employ or retain not-for-profit
entities, regional planning agencies and commissions, and
universities to operate or conduct, or assist in the
operation or conduct of, the programs.
Section 40. Annual report.
(a) The Department may, at least annually but more often
at its discretion, report in writing to the Governor and
General Assembly on:
(1) The results and impacts of county and municipal
activities funded by the grants authorized by this Act.
(2) The distribution of the grants.
(3) Model ordinances, manuals, and other technical
publications prepared by the Department.
(4) Educational and training programs provided by
the Department.
(b) The report may also be provided to all counties and
municipalities in this State, regional planning agencies and
commissions in this State, the Illinois State Library, all
public libraries in this State, and to other organizations
and libraries upon request at the Department's discretion.
Section 45. Local Planning Fund. The Department may use
moneys, subject to appropriation, in the Local Planning Fund,
a special fund created in the State treasury, to implement
and administer this Act. If funds are not appropriated, the
Department is not required to carry forth the requirements of
this Act but may, at its discretion, use funds from other
sources.
Section 900. The State Finance Act is amended by adding
Section 5.570 as follows:
(30 ILCS 105/5.570 new)
Sec. 5.570. The Local Planning Fund.
Section 999. Effective date. This Act takes effect
upon becoming law.
Passed in the General Assembly May 23, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
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