Public Act 096-0973
 
HB5923 Enrolled LRB096 15275 RLJ 30366 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 2-3-5 as follows:
 
    (65 ILCS 5/2-3-5)  (from Ch. 24, par. 2-3-5)
    Sec. 2-3-5. Incorporation of village; petition.
    Whenever in any county of less than 150,000 population as
determined by the last preceding federal census, any area of
contiguous territory, not exceeding 2 square miles, not already
included within the corporate limits of any municipality, has
residing thereon at least 200 inhabitants living in dwellings
other than those designed to be mobile, and is owned by at
least 30 different owners, it may be incorporated as a village
as follows:
    35 electors residing within the area may file with the
circuit clerk of the county in which such area is situated a
petition addressed to the circuit court for that county.
    The petition shall set forth (1) a definite description of
the lands intended to be embraced in the proposed village, (2)
the number of inhabitants residing therein, (3) the name of the
proposed village, and (4) a prayer that a question be submitted
to the electors residing within the limits of the proposed
village whether they will incorporate as a village under this
Code.
    If the area contains fewer than 7,500 residents and lies
within 1 1/2 miles of the boundary line of any existing
municipality, the consent of the existing municipality must be
obtained before the area may be incorporated. No area in a
county with a population of 150,000 or more that is
incorporating under the provisions of this Section shall need
to obtain the consent of any existing municipality before the
area may be incorporated.
    In addition, any contiguous territory in a county of
150,000 or more population which otherwise meets the
requirements of this Section may be incorporated as a village
pursuant to the provisions of this Section if (1) any part of
such territory is situated within 10 miles of a county with a
population less than 150,000 and a petition is filed pursuant
to this Section before January 1, 1991 or (2) any part of the
territory is situated within 25 miles of the Illinois state
line in a county having a population, according to the 1990
federal decennial census, of at least 150,000 but less than
185,000 and a petition is filed pursuant to this Section before
January 1, 1998.
    In addition, contiguous territory not exceeding 2 square
miles in a county with a population of not less than 187,000
and not more than 190,000 that otherwise meets the requirements
of this Section may be incorporated as a village pursuant to
the provisions of this Section if (1) any part of the territory
is situated within 13 miles of a county with a population of
less than 38,000 and more than 36,000 and (2) a petition is
filed in the manner provided in this Section before January 1,
2005. The requirements of Section 2-3-18 concerning
compatibility with the official plan for development of the
county shall not apply to any territory seeking incorporation
under this paragraph.
    In addition, contiguous territory not exceeding 0.7 square
miles having not less than 1,400 and not more than 1,600
inhabitants, as determined by the 2000 federal decennial
census, living in dwellings other than those designed to be
mobile, located in a county of not less than 600,000 and not
more than 650,000 inhabitants, as determined by the 2000
federal decennial census, that otherwise meets the
requirements of this Section may be incorporated as a village
pursuant to the provisions of this Section if the territory
includes a contiguous body of water of not less than 30 acres
and not more than 45 acres. The petition to the court required
by this Section shall in the case of the area described in this
paragraph also include a comprehensive plan that specifically
details the services that the newly incorporated municipality
shall provide and the estimated initial annual cost of those
services. If the area is incorporated following referendum
approval, then the newly incorporated municipality must
directly provide or contract for 24-hours-per-day,
7-days-per-week law enforcement services. The consent of a
municipality need not be obtained before the territory may be
incorporated. The requirements of Section 2-3-18 concerning
compatibility with the official plan for development of the
county shall not apply to any territory seeking incorporation
under this paragraph.
(Source: P.A. 93-1058, eff. 12-2-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.