Public Act 098-0741
 
HB5619 EnrolledLRB098 19147 JLK 54299 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 11-12-5 as follows:
 



    (65 ILCS 5/11-12-5)  (from Ch. 24, par. 11-12-5)



    Sec. 11-12-5. 
Every plan commission and planning 
department authorized by
this division 12 has the following 
powers and whenever in this division 12
the term plan 
commission is used such term shall be deemed to include the

term planning department:

    (1) To prepare and recommend to the corporate authorities a

comprehensive plan for the present and future development or 
redevelopment
of the municipality. Such plan may be adopted in 
whole or in separate
geographical or functional parts, each of 
which, when adopted, shall be the
official comprehensive plan, 
or part thereof, of that municipality. This
plan may include 
reasonable requirements with reference to streets, alleys,

public grounds, and other improvements hereinafter specified. 
The plan, as
recommended by the plan commission and as 
thereafter adopted in any
municipality in this state, may be 
made applicable, by the terms thereof,
to land situated within 
the corporate limits and contiguous territory not
more than one 
and one-half miles beyond the corporate limits and not
included 
in any municipality. Such plan may be implemented by ordinances

(a) establishing reasonable standards of design for 
subdivisions and for
resubdivisions of unimproved land and of 
areas subject to redevelopment in
respect to public 
improvements as herein defined; (b) establishing
reasonable 
requirements governing the location, width, course, and

surfacing of public streets and highways, alleys, ways for 
public service
facilities, curbs, gutters, sidewalks, street 
lights, parks, playgrounds,
school grounds, size of lots to be 
used for residential purposes, storm
water drainage, water 
supply and distribution, sanitary sewers, and sewage

collection and treatment; and (c) may designate land suitable 
for
annexation to the municipality and the recommended zoning 
classification
for such land upon annexation.

    (2) To recommend changes, from time to time, in the 
official
comprehensive plan.

    (3) To prepare and recommend to the corporate authorities, 
from time to
time, plans for specific improvements in pursuance 
of the official
comprehensive plan.

    (4) To give aid to the municipal officials charged with the 
direction of
projects for improvements embraced within the 
official plan, to further the
making of these projects, and, 
generally, to promote the realization of the
official 
comprehensive plan.

    (5) To prepare and recommend to the corporate authorities 
schemes for
regulating or forbidding structures or activities 
which may hinder access
to solar energy necessary for the 
proper functioning of solar energy systems,
as defined in 
Section 1.2 of The Comprehensive Solar Energy Act of 1977,
or 
to recommend changes in such schemes.

    (6) To exercise such other powers germane to the powers 
granted by this
article as may be conferred by the corporate 
authorities.

    (7) For purposes of implementing ordinances regarding 
developer
donations
or
impact fees,
and specifically for 
expenditures thereof,
"school grounds" is defined as including 
land or site
improvements,
which include
school buildings or 
other infrastructure, including technological infrastructure, 
necessitated and specifically and
uniquely attributed to the

development or subdivision in question. This amendatory Act of 
the 93rd
General Assembly applies to all impact fees or 
developer donations paid into a
school district or held in a 
separate account or escrow fund by any school
district
or 
municipality for a school district.

(Source: P.A. 93-330, eff. 7-24-03.)