Sen. Bill Cunningham
Filed: 3/8/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 418
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 418 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Section 5-12001.1 and by adding Section 5-12007.5 as follows:
| ||||||
6 | (55 ILCS 5/5-12001.1)
| ||||||
7 | Sec. 5-12001.1. Authority to regulate certain specified | ||||||
8 | facilities of a
telecommunications carrier and to regulate, | ||||||
9 | pursuant to subsections (a) through (g), AM broadcast towers | ||||||
10 | and facilities. | ||||||
11 | (a) Notwithstanding any other Section in this Division and | ||||||
12 | except as provided for under Article 110 of the Township Code , | ||||||
13 | the county board or
board of county commissioners of any county | ||||||
14 | shall have the power to
regulate the location of the | ||||||
15 | facilities, as defined in subsection (c), of a
| ||||||
16 | telecommunications carrier or AM broadcast station established |
| |||||||
| |||||||
1 | outside the corporate limits of cities,
villages, and | ||||||
2 | incorporated towns that have municipal zoning ordinances in
| ||||||
3 | effect. The power shall only be exercised to the extent and in | ||||||
4 | the manner set
forth in this Section.
| ||||||
5 | (b) The provisions of this Section shall not abridge any | ||||||
6 | rights created by
or authority confirmed in the federal | ||||||
7 | Telecommunications Act of 1996, P.L.
104-104.
| ||||||
8 | (c) As used in this Section, unless the context otherwise | ||||||
9 | requires:
| ||||||
10 | (1) "county jurisdiction area" means those portions of | ||||||
11 | a county that lie
outside the corporate limits of cities, | ||||||
12 | villages, and incorporated towns that
have municipal | ||||||
13 | zoning ordinances in effect;
| ||||||
14 | (2) "county board" means the county board or board of | ||||||
15 | county commissioners
of any county;
| ||||||
16 | (3) "residential zoning district" means a zoning | ||||||
17 | district that is
designated under a county zoning ordinance | ||||||
18 | and is zoned predominantly for
residential uses;
| ||||||
19 | (4) "non-residential zoning district" means the county | ||||||
20 | jurisdiction area
of a county, except for those portions | ||||||
21 | within a residential zoning district;
| ||||||
22 | (5) "residentially zoned lot" means a zoning lot in a | ||||||
23 | residential zoning
district;
| ||||||
24 | (6) "non-residentially zoned lot" means a zoning lot in | ||||||
25 | a non-residential
zoning district;
| ||||||
26 | (7) "telecommunications carrier" means a |
| |||||||
| |||||||
1 | telecommunications carrier as
defined in the Public | ||||||
2 | Utilities Act as of January 1, 1997;
| ||||||
3 | (8) "facility" means that part of the signal | ||||||
4 | distribution system used or
operated by a | ||||||
5 | telecommunications carrier or AM broadcast station under a | ||||||
6 | license from the FCC
consisting of a combination of | ||||||
7 | improvements and equipment including (i) one or
more | ||||||
8 | antennas, (ii) a supporting structure and the hardware by | ||||||
9 | which antennas
are attached; (iii) equipment housing; and | ||||||
10 | (iv) ancillary equipment such as
signal transmission | ||||||
11 | cables and miscellaneous hardware;
| ||||||
12 | (9) "FAA" means the Federal Aviation Administration of | ||||||
13 | the United States
Department of Transportation;
| ||||||
14 | (10) "FCC" means the Federal Communications | ||||||
15 | Commission;
| ||||||
16 | (11) "antenna" means an antenna device by which radio | ||||||
17 | signals are
transmitted, received, or both;
| ||||||
18 | (12) "supporting structure" means a structure, whether | ||||||
19 | an antenna tower or
another type of structure, that | ||||||
20 | supports one or more antennas as part of a
facility;
| ||||||
21 | (13) "qualifying structure" means a supporting | ||||||
22 | structure that is (i) an
existing structure, if the height | ||||||
23 | of the facility, including the structure, is
not more than | ||||||
24 | 15 feet higher than the structure just before the facility | ||||||
25 | is
installed, or (ii) a substantially similar, | ||||||
26 | substantially same-location
replacement of an existing |
| |||||||
| |||||||
1 | structure, if the height of the facility, including
the | ||||||
2 | replacement structure, is not more than 15 feet higher than | ||||||
3 | the height of
the existing structure just before the | ||||||
4 | facility is installed;
| ||||||
5 | (14) "equipment housing" means a combination of one or | ||||||
6 | more equipment
buildings or enclosures housing equipment | ||||||
7 | that operates in conjunction with
the antennas of a | ||||||
8 | facility, and the equipment itself;
| ||||||
9 | (15) "height" of a facility means the total height of | ||||||
10 | the facility's
supporting structure and any antennas that | ||||||
11 | will extend above the top of the
supporting structure; | ||||||
12 | however, if the supporting structure's foundation extends
| ||||||
13 | more than 3 feet above the uppermost ground level along the | ||||||
14 | perimeter of the
foundation, then each full foot in excess | ||||||
15 | of 3 feet shall be counted as an
additional foot of | ||||||
16 | facility height. The height of a facility's supporting
| ||||||
17 | structure is to be measured from the highest point of the | ||||||
18 | supporting
structure's foundation;
| ||||||
19 | (16) "facility lot" means the zoning lot on which a | ||||||
20 | facility is or will be
located;
| ||||||
21 | (17) "principal residential building" has its common | ||||||
22 | meaning but shall not
include any building under the same | ||||||
23 | ownership as the land of the facility lot.
"Principal | ||||||
24 | residential building" shall not include any structure that | ||||||
25 | is not
designed for human habitation;
| ||||||
26 | (18) "horizontal separation distance" means the |
| |||||||
| |||||||
1 | distance measured from the
center of the base of the | ||||||
2 | facility's supporting structure to the point where
the | ||||||
3 | ground meets a vertical wall of a principal residential | ||||||
4 | building;
| ||||||
5 | (19) "lot line set back distance" means the distance | ||||||
6 | measured from the
center of the base of the facility's | ||||||
7 | supporting structure to the nearest point
on the common lot | ||||||
8 | line between the facility lot and the nearest residentially
| ||||||
9 | zoned lot. If there is no common lot line, the measurement | ||||||
10 | shall be made to
the nearest point on the lot line of the | ||||||
11 | nearest residentially zoned lot
without deducting the | ||||||
12 | width of any intervening right of way; and
| ||||||
13 | (20) "AM broadcast station" means a facility and one or | ||||||
14 | more towers for the purpose of transmitting communication | ||||||
15 | in the 540 kHz to 1700 kHz band for public reception | ||||||
16 | authorized by the FCC.
| ||||||
17 | (d) In choosing a location for a facility, a
| ||||||
18 | telecommunications carrier or AM broadcast station shall | ||||||
19 | consider the following:
| ||||||
20 | (1) A non-residentially zoned lot is the most desirable | ||||||
21 | location.
| ||||||
22 | (2) A residentially zoned lot that is not used for | ||||||
23 | residential purposes is
the second most desirable | ||||||
24 | location.
| ||||||
25 | (3) A residentially zoned lot that is 2 acres or more | ||||||
26 | in size and is used
for residential purposes is the third |
| |||||||
| |||||||
1 | most desirable location.
| ||||||
2 | (4) A residentially zoned lot that is less than 2 acres | ||||||
3 | in size and is
used for residential purposes is the least | ||||||
4 | desirable location.
| ||||||
5 | The size of a lot shall be the lot's gross area in square | ||||||
6 | feet without
deduction of any unbuildable or unusable land, any | ||||||
7 | roadway, or any other
easement.
| ||||||
8 | (e) In designing a facility, a telecommunications carrier | ||||||
9 | or AM broadcast station shall consider the
following | ||||||
10 | guidelines:
| ||||||
11 | (1) No building or tower that is part of a facility | ||||||
12 | should encroach onto
any recorded easement prohibiting the | ||||||
13 | encroachment unless the grantees of the
easement have given | ||||||
14 | their approval.
| ||||||
15 | (2) Lighting should be installed for security and | ||||||
16 | safety purposes only.
Except with respect to lighting | ||||||
17 | required by the FCC or FAA, all lighting should
be shielded | ||||||
18 | so that no glare extends substantially beyond the | ||||||
19 | boundaries of a
facility.
| ||||||
20 | (3) No facility should encroach onto an existing septic | ||||||
21 | field.
| ||||||
22 | (4) Any facility located in a special flood hazard area | ||||||
23 | or wetland should
meet the legal requirements for those | ||||||
24 | lands.
| ||||||
25 | (5) Existing trees more than 3 inches in diameter | ||||||
26 | should be preserved if
reasonably feasible during |
| |||||||
| |||||||
1 | construction. If any tree more than 3 inches in
diameter is | ||||||
2 | removed during construction a tree 3 inches or more in | ||||||
3 | diameter of
the same or a similar species shall be planted | ||||||
4 | as a replacement if reasonably
feasible. Tree diameter | ||||||
5 | shall be measured at a point 3 feet above ground
level.
| ||||||
6 | (6) If any elevation of a facility faces an existing, | ||||||
7 | adjoining
residential use within a residential zoning | ||||||
8 | district, low maintenance
landscaping should be provided | ||||||
9 | on or near the facility lot to provide at least
partial | ||||||
10 | screening of the facility. The quantity and type of that | ||||||
11 | landscaping
should be in accordance with any county | ||||||
12 | landscaping regulations of general
applicability, except | ||||||
13 | that paragraph (5) of this subsection (e) shall control
| ||||||
14 | over any tree-related regulations imposing a greater | ||||||
15 | burden.
| ||||||
16 | (7) Fencing should be installed around a facility. The | ||||||
17 | height and
materials of the fencing should be in accordance | ||||||
18 | with any county fence
regulations of general | ||||||
19 | applicability.
| ||||||
20 | (8) Any building that is part of a facility located | ||||||
21 | adjacent to a
residentially zoned lot should be designed | ||||||
22 | with exterior materials and colors
that are reasonably | ||||||
23 | compatible with the residential character of the area.
| ||||||
24 | (f) The following provisions shall apply to all facilities | ||||||
25 | established in
any county jurisdiction area (i) after the | ||||||
26 | effective date of the amendatory Act of
1997 with respect to |
| |||||||
| |||||||
1 | telecommunications carriers and (ii) after the effective date | ||||||
2 | of this amendatory Act of the 94th General Assembly with | ||||||
3 | respect to AM broadcast stations:
| ||||||
4 | (1) Except as provided in this Section, no yard or set | ||||||
5 | back
regulations shall apply to or be required for a | ||||||
6 | facility.
| ||||||
7 | (2) A facility may be located on the same zoning lot as | ||||||
8 | one or more other
structures or uses without violating any | ||||||
9 | ordinance or regulation that prohibits
or limits multiple | ||||||
10 | structures, buildings, or uses on a zoning lot.
| ||||||
11 | (3) No minimum lot area, width, or depth shall be | ||||||
12 | required for a facility,
and unless the facility is to be | ||||||
13 | manned on a regular, daily basis, no
off-street parking | ||||||
14 | spaces shall be required for a facility. If the facility is
| ||||||
15 | to be manned on a regular, daily basis, one off-street | ||||||
16 | parking space shall be
provided for each employee regularly | ||||||
17 | at the facility. No loading facilities
are required.
| ||||||
18 | (4) No portion of a facility's supporting structure or | ||||||
19 | equipment housing
shall be less than 15 feet from the front | ||||||
20 | lot line of the facility lot or less
than 10 feet from any | ||||||
21 | other lot line.
| ||||||
22 | (5) No bulk regulations or lot coverage, building | ||||||
23 | coverage, or floor area
ratio limitations shall be applied | ||||||
24 | to a facility or to any existing use or
structure | ||||||
25 | coincident with the establishment of a facility. Except as | ||||||
26 | provided
in this Section, no height limits or restrictions |
| |||||||
| |||||||
1 | shall apply to a facility.
| ||||||
2 | (6) A county's review of a building permit application | ||||||
3 | for a facility
shall
be completed within 30 days. If a | ||||||
4 | decision of the county board is required to
permit the | ||||||
5 | establishment of a facility, the county's review of the | ||||||
6 | application
shall be simultaneous with the process leading | ||||||
7 | to the county board's decision.
| ||||||
8 | (7) The improvements and equipment comprising the | ||||||
9 | facility may be wholly
or partly freestanding or wholly or | ||||||
10 | partly attached to, enclosed in, or
installed in or on a | ||||||
11 | structure or structures.
| ||||||
12 | (8) Any public hearing authorized under this Section | ||||||
13 | shall be conducted in
a manner determined by the county | ||||||
14 | board. Notice of any such public hearing
shall be published | ||||||
15 | at least 15 days before the hearing in a newspaper of
| ||||||
16 | general circulation published in the county. Notice of any | ||||||
17 | such public hearing shall also be sent by certified mail at | ||||||
18 | least 15 days prior to the hearing to the owners of record | ||||||
19 | of all residential property that is adjacent to the lot | ||||||
20 | upon which the facility is proposed to be sited.
| ||||||
21 | (9) Any decision regarding a facility by the county | ||||||
22 | board or a county
agency
or official shall be supported by | ||||||
23 | written findings of fact. The circuit court
shall have | ||||||
24 | jurisdiction to review the reasonableness of any adverse | ||||||
25 | decision
and the plaintiff shall bear the burden of proof, | ||||||
26 | but there shall be no
presumption of the validity of the |
| |||||||
| |||||||
1 | decision. | ||||||
2 | (10) Thirty days prior to the issuance of a building | ||||||
3 | permit for a facility necessitating the erection of a new | ||||||
4 | tower, the permit applicant shall provide written notice of | ||||||
5 | its intent to construct the facility to the State | ||||||
6 | Representative and the State Senator of the district in | ||||||
7 | which the subject facility is to be constructed and all | ||||||
8 | county board members for the county board district in the | ||||||
9 | county in which the subject facility is to be constructed. | ||||||
10 | This notice shall include, but not be limited to, the | ||||||
11 | following information: (i) the name, address, and | ||||||
12 | telephone number of the company responsible for the | ||||||
13 | construction of the facility; (ii) the name, address, and | ||||||
14 | telephone number of the governmental entity authorized to | ||||||
15 | issue the building permit; and (iii) the location of the | ||||||
16 | proposed facility. The applicant shall demonstrate | ||||||
17 | compliance with the notice requirements set forth in this | ||||||
18 | item (10) by submitting certified mail receipts or | ||||||
19 | equivalent mail service receipts at the same time that the | ||||||
20 | applicant submits the permit application.
| ||||||
21 | (g) The following provisions shall apply to all facilities | ||||||
22 | established (i) after
the effective date of this amendatory Act | ||||||
23 | of 1997 with respect to telecommunications carriers and (ii) | ||||||
24 | after the effective date of this amendatory Act of the 94th | ||||||
25 | General Assembly with respect to AM broadcast stations in the | ||||||
26 | county jurisdiction
area of any county with a population of |
| |||||||
| |||||||
1 | less than 180,000:
| ||||||
2 | (1) A facility is permitted if its supporting structure | ||||||
3 | is a qualifying
structure or if both of the following | ||||||
4 | conditions are met:
| ||||||
5 | (A) the height of the facility shall not exceed 200 | ||||||
6 | feet, except that
if a facility is located more than | ||||||
7 | one and one-half miles from the corporate
limits of any | ||||||
8 | municipality with a population of 25,000 or more the | ||||||
9 | height of
the facility shall not exceed 350 feet; and
| ||||||
10 | (B) the horizontal separation distance to the | ||||||
11 | nearest principal
residential building shall not be | ||||||
12 | less than the height of the supporting
structure; | ||||||
13 | except that if the supporting structure exceeds 99 feet | ||||||
14 | in height,
the horizontal separation distance to the | ||||||
15 | nearest principal residential
building shall be at | ||||||
16 | least 100 feet or 80% of the height of the supporting
| ||||||
17 | structure, whichever is greater. Compliance with this | ||||||
18 | paragraph shall only be
evaluated as of
the time that a | ||||||
19 | building permit application for the facility is | ||||||
20 | submitted. If
the supporting structure is not an | ||||||
21 | antenna tower this paragraph is satisfied.
| ||||||
22 | (2) Unless a facility is permitted under paragraph (1) | ||||||
23 | of this subsection
(g), a facility can be established only | ||||||
24 | after the county board gives its
approval following | ||||||
25 | consideration of the provisions of paragraph (3) of this
| ||||||
26 | subsection (g). The county board may give its approval |
| |||||||
| |||||||
1 | after one public
hearing on the proposal, but only by the | ||||||
2 | favorable vote of a majority of the
members present
at a | ||||||
3 | meeting held no later than 75 days after submission of a
| ||||||
4 | complete application by the telecommunications carrier. If | ||||||
5 | the county board
fails to act on the application within 75 | ||||||
6 | days after its submission,
the application shall be deemed | ||||||
7 | to have been approved. No more than one public
hearing | ||||||
8 | shall be required.
| ||||||
9 | (3) For purposes of paragraph (2) of this subsection | ||||||
10 | (g), the following
siting considerations, but no other | ||||||
11 | matter, shall be considered by the county
board or any | ||||||
12 | other body conducting the public hearing:
| ||||||
13 | (A) the criteria in subsection (d) of this Section;
| ||||||
14 | (B) whether a substantial adverse effect on public | ||||||
15 | safety will result
from some aspect of the facility's | ||||||
16 | design or proposed construction, but only if
that | ||||||
17 | aspect of design or construction is modifiable by the | ||||||
18 | applicant;
| ||||||
19 | (C) the benefits to be derived by the users of the | ||||||
20 | services to be
provided
or enhanced by the facility and | ||||||
21 | whether public safety and emergency response
| ||||||
22 | capabilities would benefit by the establishment of the | ||||||
23 | facility;
| ||||||
24 | (D) the existing uses on adjacent and nearby | ||||||
25 | properties; and
| ||||||
26 | (E) the extent to which the design of the proposed |
| |||||||
| |||||||
1 | facility reflects
compliance with subsection (e) of | ||||||
2 | this Section.
| ||||||
3 | (4) On judicial review of an adverse decision, the | ||||||
4 | issue shall be the
reasonableness of the county board's | ||||||
5 | decision in light of the evidence
presented on the siting | ||||||
6 | considerations and the well-reasoned recommendations
of | ||||||
7 | any other body that conducts the public hearing.
| ||||||
8 | (h) The following provisions shall apply to all facilities | ||||||
9 | established
after the effective date of this amendatory Act of | ||||||
10 | 1997 in the county
jurisdiction area of any county with
a | ||||||
11 | population of 180,000 or more. A facility is
permitted in any | ||||||
12 | zoning district subject to the following:
| ||||||
13 | (1) A facility shall not be located on a lot under | ||||||
14 | paragraph (4) of
subsection (d) unless a variation is | ||||||
15 | granted by the county board under
paragraph
(4) of this | ||||||
16 | subsection (h).
| ||||||
17 | (2) Unless a height variation is granted by the county | ||||||
18 | board, the height
of a facility shall not exceed 75 feet if | ||||||
19 | the facility will
be located in a residential zoning | ||||||
20 | district or 200 feet if the facility will be
located in a | ||||||
21 | non-residential zoning district. However, the height of a
| ||||||
22 | facility may
exceed the height limit in this paragraph, and | ||||||
23 | no height variation shall be
required, if the supporting | ||||||
24 | structure is a qualifying structure.
| ||||||
25 | (3) The improvements and equipment of the facility | ||||||
26 | shall be placed to
comply
with the requirements of this |
| |||||||
| |||||||
1 | paragraph at the time a building permit
application for the | ||||||
2 | facility is submitted. If the supporting structure is an
| ||||||
3 | antenna tower other than a qualifying structure then (i) if | ||||||
4 | the facility will
be located in a residential zoning | ||||||
5 | district the lot line set back distance to
the
nearest | ||||||
6 | residentially zoned lot shall be at least 50% of the height | ||||||
7 | of the
facility's supporting structure or (ii) if the | ||||||
8 | facility will be located in a
non-residential zoning | ||||||
9 | district the horizontal separation distance to the
nearest | ||||||
10 | principal residential building shall be at least equal to | ||||||
11 | the height of
the facility's supporting structure.
| ||||||
12 | (4) The county board may grant variations for any of | ||||||
13 | the regulations,
conditions, and restrictions of this | ||||||
14 | subsection (h), after one public hearing
on the
proposed | ||||||
15 | variations held at a zoning or other appropriate committee | ||||||
16 | meeting with proper notice given as provided in this | ||||||
17 | Section, by a favorable vote of a majority of the members | ||||||
18 | present
at a meeting held no later than 75 days after | ||||||
19 | submission of an application by
the telecommunications | ||||||
20 | carrier. If the county board fails to act on the
| ||||||
21 | application within 75 days after submission, the | ||||||
22 | application shall be deemed to
have been approved. In its | ||||||
23 | consideration of an application for variations,
the county
| ||||||
24 | board, and any other body conducting the public hearing, | ||||||
25 | shall consider the
following, and no other matters:
| ||||||
26 | (A) whether, but for the granting of a variation, |
| |||||||
| |||||||
1 | the service that the
telecommunications carrier seeks | ||||||
2 | to enhance or provide with the proposed
facility will | ||||||
3 | be less available, impaired, or diminished in quality, | ||||||
4 | quantity,
or scope of
coverage;
| ||||||
5 | (B) whether the conditions upon which the | ||||||
6 | application for variations is
based are unique in some | ||||||
7 | respect or, if not, whether the strict application of
| ||||||
8 | the regulations would result in a hardship on the | ||||||
9 | telecommunications carrier;
| ||||||
10 | (C) whether a substantial adverse effect on public | ||||||
11 | safety will result
from
some aspect of the facility's | ||||||
12 | design or proposed construction, but only if that
| ||||||
13 | aspect of design or construction is modifiable by the | ||||||
14 | applicant;
| ||||||
15 | (D) whether there are benefits to be derived by the | ||||||
16 | users of the
services to
be provided or enhanced by the | ||||||
17 | facility and whether public safety and emergency
| ||||||
18 | response capabilities would benefit by the | ||||||
19 | establishment of the facility; and
| ||||||
20 | (E) the extent to which the design of the proposed | ||||||
21 | facility reflects
compliance with subsection (e) of | ||||||
22 | this Section.
| ||||||
23 | No more than one public hearing shall be required.
| ||||||
24 | (5) On judicial review of an adverse decision, the | ||||||
25 | issue shall be the
reasonableness of the county board's | ||||||
26 | decision in light of the evidence
presented and the |
| |||||||
| |||||||
1 | well-reasoned recommendations of any other body that
| ||||||
2 | conducted the public hearing.
| ||||||
3 | (i) Notwithstanding any other provision of law to the | ||||||
4 | contrary, 30 days prior to the issuance of any permits for a | ||||||
5 | new telecommunications facility within a county, the | ||||||
6 | telecommunications carrier constructing the facility shall | ||||||
7 | provide written notice of its intent to construct the facility. | ||||||
8 | The notice shall include, but not be limited to, the following | ||||||
9 | information: (i) the name, address, and telephone number of the | ||||||
10 | company responsible for the construction of the facility, (ii) | ||||||
11 | the address and telephone number of the governmental entity | ||||||
12 | that is to issue the building permit for the telecommunications | ||||||
13 | facility, (iii) a site plan and site map of sufficient
| ||||||
14 | specificity to indicate both the location of the parcel where
| ||||||
15 | the telecommunications facility is to be constructed and the
| ||||||
16 | location of all the telecommunications facilities within that
| ||||||
17 | parcel, and (iv) the property index number and common address
| ||||||
18 | of the parcel where the telecommunications facility is to be
| ||||||
19 | located. The notice shall not contain any material that appears | ||||||
20 | to be an advertisement for the telecommunications carrier or | ||||||
21 | any services provided by the telecommunications carrier. The
| ||||||
22 | notice shall be provided in person, by overnight private
| ||||||
23 | courier, or by certified mail to all owners of property within
| ||||||
24 | 250 feet of the parcel in which the telecommunications carrier
| ||||||
25 | has a leasehold or ownership interest. For the purposes of this
| ||||||
26 | notice requirement, "owners" means those persons or entities
|
| |||||||
| |||||||
1 | identified from the authentic tax records of the county in
| ||||||
2 | which the telecommunications facility is to be located. If,
| ||||||
3 | after a bona fide effort by the telecommunications carrier to
| ||||||
4 | determine the owner and his or her address, the owner of the
| ||||||
5 | property on whom the notice must be served cannot be found at
| ||||||
6 | the owner's last known address, or if the mailed notice is
| ||||||
7 | returned because the owner cannot be found at the last known
| ||||||
8 | address, the notice requirement of this paragraph is deemed
| ||||||
9 | satisfied. | ||||||
10 | (Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496, | ||||||
11 | eff. 8-22-11; 97-813, eff. 7-13-12.)
| ||||||
12 | (55 ILCS 5/5-12007.5 new) | ||||||
13 | Sec. 5-12007.5. Township zoning ordinances. | ||||||
14 | Notwithstanding any other provision of this Division, counties | ||||||
15 | do not have authority over the zoning of any township that has | ||||||
16 | zoning authority under Article 110 of the Township Code. | ||||||
17 | Section 10. The Township Code is amended by changing | ||||||
18 | Sections 110-5, 110-10, 110-15, 110-20, 110-25, 110-30, | ||||||
19 | 110-35, 110-40, 110-45, 110-50, 110-55, and 110-60 and by | ||||||
20 | adding Section 110-7 as follows:
| ||||||
21 | (60 ILCS 1/110-5)
| ||||||
22 | Sec. 110-5. Application of Article.
| ||||||
23 | (a) This Article applies only in those townships (i) in |
| |||||||
| |||||||
1 | which the electors of
the township, at an annual or special | ||||||
2 | township meeting, on or before the effective date of this | ||||||
3 | amendatory Act of the 100th General Assembly, authorized | ||||||
4 | authorize the township
board to exercise the powers conferred | ||||||
5 | by this Article ; and (ii) which authorized, after the effective | ||||||
6 | date of this amendatory Act of the 100th General Assembly, the | ||||||
7 | township
board to exercise the powers conferred under Section | ||||||
8 | 110-7 .
| ||||||
9 | (b) (Blank). This Article does not apply in any county in | ||||||
10 | which a county zoning
ordinance or resolution is in effect. A | ||||||
11 | county zoning ordinance or resolution
adopted after the | ||||||
12 | adoption of a township zoning ordinance or resolution under
| ||||||
13 | this Article supersedes the township zoning ordinance or | ||||||
14 | resolution.
| ||||||
15 | (c) Regulations adopted under this Article after the | ||||||
16 | effective date of this amendatory Act of the 100th General | ||||||
17 | Assembly do not apply to any area inside the corporate limits | ||||||
18 | of a municipality, except that the powers exercised by | ||||||
19 | townships under part (i) of subsection (a) within the corporate | ||||||
20 | limits of a municipality that did not have a zoning ordinance | ||||||
21 | continue within the corporate limits of the municipality until | ||||||
22 | the municipality adopts a zoning ordinance or the township | ||||||
23 | relinquishes those powers within the corporate limits of the | ||||||
24 | municipality that is
governed by a municipal zoning ordinance .
| ||||||
25 | (d) (Blank). This Article does not apply to the facilities | ||||||
26 | of a telecommunications
carrier defined in Section 5-12001.1 of |
| |||||||
| |||||||
1 | the Counties Code.
| ||||||
2 | (Source: P.A. 90-522, eff. 1-1-98.)
| ||||||
3 | (60 ILCS 1/110-7 new) | ||||||
4 | Sec. 110-7. Township zoning authority by referendum. | ||||||
5 | (a) A township may exercise the powers conferred by this | ||||||
6 | Article by ordinance of the township board and referendum of | ||||||
7 | the electors or by a petition of 15 or more township electors | ||||||
8 | residing outside of the corporate limits of any municipality | ||||||
9 | and referendum of the electors. | ||||||
10 | (b) Upon the adoption of an ordinance or the filling of a | ||||||
11 | petition under subsection (a) with the township board, a | ||||||
12 | referendum, subject to the requirements of 16-7 of the Election | ||||||
13 | Code, shall be placed on the ballot for all electors residing | ||||||
14 | outside of the corporate limits of any municipality at the next | ||||||
15 | general election in substantially the following form: | ||||||
16 | Shall ...... Township exercise control over building | ||||||
17 | and zoning regulations outside of the corporate limits of | ||||||
18 | any municipality and levy a tax on all taxable real | ||||||
19 | property outside of the corporate limits of any | ||||||
20 | municipality in an amount not to exceed 0.05% of the | ||||||
21 | equalized assessed value of the property to provide for a | ||||||
22 | building and zoning department? | ||||||
23 | The votes shall be recorded as "Yes" or "No". | ||||||
24 | If a majority of the electors in the township, but outside | ||||||
25 | of the corporate limits of any municipality, vote in favor of |
| |||||||
| |||||||
1 | the referendum, then, not sooner than 180 days following the | ||||||
2 | date the election results are certified, the township shall | ||||||
3 | exercise control over building and zoning regulation and may | ||||||
4 | levy the tax.
| ||||||
5 | (60 ILCS 1/110-10)
| ||||||
6 | Sec. 110-10. Township board powers.
| ||||||
7 | (a) For the purpose of promoting the public health, safety, | ||||||
8 | morals, comfort,
and general welfare, conserving the values of | ||||||
9 | property throughout the township,
and lessening or avoiding the | ||||||
10 | hazards to persons and damage to property
resulting from the | ||||||
11 | accumulation or runoff of storm or flood waters, the
township | ||||||
12 | board may do any of the following:
| ||||||
13 | (1) Regulate and restrict the location , height, bulk, | ||||||
14 | and use of buildings, structures, lots, open spaces,
and | ||||||
15 | land for trade, industry, residence, and other uses that | ||||||
16 | may be specified
by the board.
| ||||||
17 | (2) Regulate and restrict the intensity of those uses | ||||||
18 | under paragraph (1) .
| ||||||
19 | (3) Establish building or setback lines on or along any | ||||||
20 | street,
trafficway, drive, parkway, or storm or floodwater | ||||||
21 | runoff channel or basin located within the township but | ||||||
22 | outside the corporate limits of any municipality
outside | ||||||
23 | the area that is subject to a municipal zoning ordinance .
| ||||||
24 | (4) Divide the township into districts (i) of a number, | ||||||
25 | shape, and area
and (ii) of different classes according to |
| |||||||
| |||||||
1 | the use of land and buildings, the
intensity of that use | ||||||
2 | (including height of buildings and structures and
| ||||||
3 | surrounding open space), and any other classification, all | ||||||
4 | as deemed best
suited to carry out the purposes of this | ||||||
5 | Article.
| ||||||
6 | (5) Prohibit uses, buildings, or structures | ||||||
7 | incompatible with the
character of those districts | ||||||
8 | respectively.
| ||||||
9 | (6) Prevent additions to and alteration or remodeling | ||||||
10 | of existing
buildings or structures in a way to avoid the | ||||||
11 | restrictions and limitations
lawfully imposed under this | ||||||
12 | Article.
| ||||||
13 | (7) (Blank). Submit written objections to the county | ||||||
14 | board concerning a
proposed county zoning ordinance, | ||||||
15 | resolution, or variation as provided in
Sections 5-12007 | ||||||
16 | and 5-12009 of the Counties Code. | ||||||
17 | (8) Classify, regulate, and restrict the location of | ||||||
18 | trades and industries and the location of buildings | ||||||
19 | designed for industrial, business, residential, and other | ||||||
20 | uses. | ||||||
21 | (9) Establish standards to which buildings or | ||||||
22 | structures shall conform. | ||||||
23 | (10) Classify, regulate, and restrict the use of | ||||||
24 | property on the basis of family relationship. As used in | ||||||
25 | this paragraph (10), "family relationship" means whether | ||||||
26 | one or more persons are related by blood, marriage, or |
| |||||||
| |||||||
1 | adoption and are maintaining a common household. | ||||||
2 | (11) Regulate, restrict, and prohibit any structure or | ||||||
3 | activity that may hinder access to solar energy necessary | ||||||
4 | for the proper functioning of a solar energy system, as | ||||||
5 | defined in Section 1.2 of the Comprehensive Solar Energy | ||||||
6 | Act of 1977. | ||||||
7 | (12) Requiring the creation and preservation of | ||||||
8 | affordable housing, including the power to provide | ||||||
9 | increased density or other zoning incentives to developers | ||||||
10 | that are creating, establishing, or preserving affordable | ||||||
11 | housing. | ||||||
12 | (13) Establish standards for the review of the exterior | ||||||
13 | design of buildings and structures and designate a board or | ||||||
14 | commission to implement the review process. | ||||||
15 | (14) Exercise any powers not expressly stated in this | ||||||
16 | Article that a county could have over township property | ||||||
17 | under Division 5-12 of Article 5 of the Counties Code.
| ||||||
18 | (b) In all ordinances or resolutions passed under this | ||||||
19 | Article, due
allowance shall be made for existing conditions, | ||||||
20 | the conservation of property
values, the directions of building | ||||||
21 | development to the best advantage of the
entire township | ||||||
22 | county , and the uses to which property is devoted at the time | ||||||
23 | of the
enactment of the ordinance or resolution.
| ||||||
24 | (Source: P.A. 82-783; 88-62.)
| ||||||
25 | (60 ILCS 1/110-15)
|
| |||||||
| |||||||
1 | Sec. 110-15. Limitations on exercise Exercise of powers.
| ||||||
2 | (a) The powers given by this Article shall not be exercised | ||||||
3 | to deprive the
owner of any existing property of its use or | ||||||
4 | maintenance for the purpose to
which it is then lawfully | ||||||
5 | devoted.
| ||||||
6 | (b) (Blank). The powers given by this Article shall not be | ||||||
7 | exercised to impose
regulations or require permits with respect | ||||||
8 | to land used or to be used for
agricultural purposes or with | ||||||
9 | respect to the erection, maintenance, repair,
alteration, | ||||||
10 | remodeling, or extension of buildings or structures used or to | ||||||
11 | be
used for agricultural purposes upon that land, except that | ||||||
12 | buildings or
structures for agricultural purposes may be | ||||||
13 | required to conform to building or
set back lines. | ||||||
14 | "Agricultural purposes" include, without
limitation, the | ||||||
15 | growing, developing, processing, conditioning, or selling
of | ||||||
16 | hybrid seed corn, seed beans, seed oats, or other farm seeds.
| ||||||
17 | (c) The powers given by this Article do not include the | ||||||
18 | right to
specify or regulate the type or location of any poles, | ||||||
19 | towers, wires,
cables, conduit, vaults, laterals, pipes, | ||||||
20 | mains, valves, or any other
similar distributing equipment of a | ||||||
21 | public utility as defined in the Public
Utilities Act. | ||||||
22 | (d) The powers given by this Article do not include the | ||||||
23 | regulation of the exterior design of utility facilities or the | ||||||
24 | design of outdoor off-premises advertising signs. | ||||||
25 | (e) The powers given by this Article do not include the | ||||||
26 | prohibition of the display of outdoor political campaign signs |
| |||||||
| |||||||
1 | on residential property. This subsection (e) does not restrict | ||||||
2 | the ability of a township to establish reasonable restrictions | ||||||
3 | as to the size of outdoor political campaign signs on | ||||||
4 | residential property.
| ||||||
5 | (Source: P.A. 86-188; 88-62.)
| ||||||
6 | (60 ILCS 1/110-20)
| ||||||
7 | Sec. 110-20. Zoning commission; appointment. The township | ||||||
8 | board, when
authorized by referendum of the electors at an | ||||||
9 | annual or special township meeting to exercise
the powers | ||||||
10 | conferred by this Article, shall appoint a zoning commission of | ||||||
11 | 5
members. The commission shall recommend the boundaries of | ||||||
12 | districts and
appropriate regulations to be enforced in those | ||||||
13 | districts.
| ||||||
14 | (Source: P.A. 82-783; 88-62.)
| ||||||
15 | (60 ILCS 1/110-25)
| ||||||
16 | Sec. 110-25. Proposed zoning ordinance or resolution; | ||||||
17 | hearing;
cessation of commission. | ||||||
18 | (a) The zoning commission shall prepare a tentative report | ||||||
19 | and a
proposed zoning ordinance or resolution for the entire | ||||||
20 | township outside the
area regulated by any municipal zoning | ||||||
21 | ordinance.
| ||||||
22 | (b) After preparing the tentative report and ordinance or | ||||||
23 | resolution, the
commission shall hold a hearing on the report | ||||||
24 | and proposal and shall afford
persons interested an opportunity |
| |||||||
| |||||||
1 | to be heard. Notice of the hearing shall be
published at least | ||||||
2 | 15 days before the hearing in a newspaper of general
| ||||||
3 | circulation in the township and shall also be posted at least | ||||||
4 | 15 days before
the hearing in 4 conspicuous places within the | ||||||
5 | township . The notice shall state
the time and place of the | ||||||
6 | hearing and the place where copies of the proposed
ordinance or | ||||||
7 | resolution will be accessible for examination by interested
| ||||||
8 | parties. The hearing may be adjourned from time to time.
| ||||||
9 | (c) Within 30 days after the final adjournment of the | ||||||
10 | hearing, the
commission shall make a final report and submit a | ||||||
11 | proposed ordinance or
resolution to the township board. The | ||||||
12 | township board may adopt the ordinance or
resolution with or | ||||||
13 | without change or may refer it back to the commission for
| ||||||
14 | further consideration.
| ||||||
15 | (d) The zoning commission shall cease to exist upon the | ||||||
16 | adoption of a zoning
ordinance or resolution for the township.
| ||||||
17 | (Source: P.A. 82-783; 88-62.)
| ||||||
18 | (60 ILCS 1/110-30)
| ||||||
19 | Sec. 110-30. Enforcement of ordinance or resolution. All | ||||||
20 | ordinances or
resolutions adopted under this Article shall be | ||||||
21 | enforced by an officer or officers of the
township designated | ||||||
22 | by ordinance or resolution. The ordinance or resolution may
| ||||||
23 | require that for any class or classes of districts created by | ||||||
24 | it, applications
be made for permits to erect buildings or | ||||||
25 | structures or to alter or remodel
existing buildings or |
| |||||||
| |||||||
1 | structures. The ordinance or resolution may vest in the
officer | ||||||
2 | designated to enforce it the power to make orders, | ||||||
3 | requirements,
decisions, and determinations with respect to | ||||||
4 | the enforcement of the terms of
the ordinance or resolution.
| ||||||
5 | (Source: Laws 1967, p. 3481; P.A. 88-62.)
| ||||||
6 | (60 ILCS 1/110-35)
| ||||||
7 | Sec. 110-35. Variations.
| ||||||
8 | (a) The regulations authorized by this Article may
provide | ||||||
9 | that a board of appeals may determine and vary their | ||||||
10 | application in
harmony with their general purpose and intent | ||||||
11 | and in accordance with general or
specific rules contained in | ||||||
12 | the regulations in cases where there are practical
difficulties | ||||||
13 | or there is particular hardship in carrying out the strict | ||||||
14 | letter
of regulations relating to the use, construction, or | ||||||
15 | alteration of buildings or
structures or the use of land. | ||||||
16 | Alternatively, the regulations may provide that
the township | ||||||
17 | board may by ordinance or resolution determine and vary their
| ||||||
18 | application in harmony with their general purpose and intent | ||||||
19 | and in accordance
with general or specific rules contained in | ||||||
20 | the regulations in cases where
there are practical difficulties | ||||||
21 | or there is particular hardship in carrying
out the strict | ||||||
22 | letter of regulations relating to the use, construction, or
| ||||||
23 | alteration of buildings or structures or the use of land.
| ||||||
24 | (b) No variation shall be made by the township board | ||||||
25 | without a hearing
before the board of appeals. No variation |
| |||||||
| |||||||
1 | shall be made by ordinance,
resolution, or otherwise except in | ||||||
2 | a specific case and after a public hearing
before a board of | ||||||
3 | appeals. There shall be at least 15 days notice of the time
and | ||||||
4 | place of the hearing, published in a newspaper of general | ||||||
5 | circulation in
the township. The notice shall contain the | ||||||
6 | particular location for which the
variation is requested as | ||||||
7 | well as a brief statement of the proposed variation.
| ||||||
8 | (c) Where a variation is to be made by ordinance or | ||||||
9 | resolution, upon the
report of the board of appeals, the | ||||||
10 | township board may by ordinance or
resolution and without | ||||||
11 | further public hearing adopt any proposed variation or
may | ||||||
12 | refer it back to the board of appeals for further | ||||||
13 | consideration. Any
proposed variation that fails to receive the | ||||||
14 | approval of the board of appeals
shall not be passed except by | ||||||
15 | the favorable vote of four-fifths three-fourths of all the
| ||||||
16 | members of the township board. Every variation, whether made by | ||||||
17 | the board of
appeals directly or by ordinance or resolution | ||||||
18 | after a hearing before a board
of appeals, shall be accompanied | ||||||
19 | by a finding of fact specifying the reason
for making the | ||||||
20 | variation.
| ||||||
21 | (Source: P.A. 82-783; 88-62.)
| ||||||
22 | (60 ILCS 1/110-40)
| ||||||
23 | Sec. 110-40. Board of appeals; membership; meetings.
| ||||||
24 | (a) The township board shall provide for the appointment of | ||||||
25 | a board of
appeals of 7 5 members to serve respectively for the |
| |||||||
| |||||||
1 | following terms: One for one
year, one for 2 years, one for 3 | ||||||
2 | years, 2 one for 4 years, and 2 one for 5 years.
The successor | ||||||
3 | to each member shall serve for a term of 5 years.
| ||||||
4 | (b) One of the members shall be named chairman at the time | ||||||
5 | of his or her
appointment. If there is a vacancy, the | ||||||
6 | appointing power shall designate a
chairman.
| ||||||
7 | (c) The appointing authority may remove any member of the | ||||||
8 | board for cause
after a public hearing. Vacancies shall be | ||||||
9 | filled by the appointing authority
for the unexpired term of | ||||||
10 | any member whose place has become vacant.
| ||||||
11 | (d) All meetings of the board of appeals shall be held at | ||||||
12 | the call of the
chairman and at times and places within the | ||||||
13 | township county determined by the board. The
chairman (or in | ||||||
14 | his absence the acting chairman) may administer oaths and
| ||||||
15 | compel the attendance of witnesses. All meetings of the board | ||||||
16 | shall be open to
the public. The board shall keep minutes of | ||||||
17 | its proceedings showing the vote of
each member upon every | ||||||
18 | question (or, if a member is absent or fails to vote,
| ||||||
19 | indicating that fact) and shall also keep records of its | ||||||
20 | examinations and other
official actions. Every rule, | ||||||
21 | regulation, every amendment or repeal of a rule
or regulation, | ||||||
22 | and every order, requirement, decision, or determination of the
| ||||||
23 | board shall immediately be filed with the township clerk and | ||||||
24 | shall be a public
record.
| ||||||
25 | (Source: P.A. 82-783; 88-62.)
|
| |||||||
| |||||||
1 | (60 ILCS 1/110-45)
| ||||||
2 | Sec. 110-45. Appeals; stay of proceedings.
| ||||||
3 | (a) The board of appeals shall hear and decide appeals from | ||||||
4 | and review any
order, requirement, decision, or determination | ||||||
5 | made by an administrative
official charged with the enforcement | ||||||
6 | of any ordinance or resolution adopted
under this Article. The | ||||||
7 | board of appeals shall also hear and decide all matters
| ||||||
8 | referred to it or upon which it is required to pass under any | ||||||
9 | ordinance or
resolution or under the terms of this Article.
| ||||||
10 | (b) The concurring vote of 6 4 members of the board of | ||||||
11 | appeals is necessary (i) to
reverse any order, requirement, | ||||||
12 | decision, or determination of an administrative
official, (ii) | ||||||
13 | to decide in favor of the applicant any matter upon which it is
| ||||||
14 | required to pass under an ordinance or resolution, (iii) to | ||||||
15 | effect any
variation in an ordinance or resolution, or (iv) to | ||||||
16 | recommend any variation or
modification in an ordinance or | ||||||
17 | resolution or (iv) to the township board.
| ||||||
18 | (c) An appeal may be taken by any person aggrieved or by | ||||||
19 | any officer,
department, board, or bureau of the township | ||||||
20 | county . An appeal shall be taken within the
time prescribed by | ||||||
21 | the board of appeals by general rule by filing with the
officer | ||||||
22 | from whom the appeal is taken and with the board of appeals a | ||||||
23 | notice of
appeal specifying the grounds of the appeal. The | ||||||
24 | officer from whom the appeal
is taken shall promptly transmit | ||||||
25 | to the board all the papers constituting the
record upon which | ||||||
26 | the action appealed from was taken.
|
| |||||||
| |||||||
1 | (d) An appeal stays all proceedings in furtherance of the | ||||||
2 | action appealed
from unless the officer from whom the appeal is | ||||||
3 | taken certifies to the board of
appeals, after the notice of | ||||||
4 | appeal has been filed with him or her, that, due
to facts | ||||||
5 | stated in the certificate, a stay would, in his opinion, cause
| ||||||
6 | imminent peril to life or property. If the officer makes a | ||||||
7 | certification under
this subsection, proceedings shall not be | ||||||
8 | stayed otherwise than by a
restraining order granted by the | ||||||
9 | board of appeals or by the circuit court on
application, on | ||||||
10 | notice to the officer from whom the appeal is taken, and on due
| ||||||
11 | cause shown.
| ||||||
12 | (Source: P.A. 82-783; 88-62.)
| ||||||
13 | (60 ILCS 1/110-50)
| ||||||
14 | Sec. 110-50. Hearing and decision on appeal; judicial | ||||||
15 | review.
| ||||||
16 | (a) The board of appeals shall fix a reasonable time for | ||||||
17 | the hearing
of the appeal and give due notice of the time to | ||||||
18 | the parties. The board shall
decide the hearing within 30 days | ||||||
19 | after the hearing a reasonable time . At the hearing, any party | ||||||
20 | may
appear in person or by agent or attorney. The board of | ||||||
21 | appeals may reverse or
affirm, wholly or partly, or may modify | ||||||
22 | the order, requirement, decision, or
determination as in its | ||||||
23 | opinion ought to be done, and to that end the board has
all the | ||||||
24 | powers of the officer from whom the appeal is taken.
| ||||||
25 | (b) All final administrative decisions of the board of |
| |||||||
| |||||||
1 | appeals are subject
to judicial review under the Administrative | ||||||
2 | Review Law and the rules adopted
under that Law. | ||||||
3 | "Administrative decision" is defined as in Section 3-101 of the
| ||||||
4 | Code of Civil Procedure.
| ||||||
5 | (Source: P.A. 82-783; 88-62.)
| ||||||
6 | (60 ILCS 1/110-55)
| ||||||
7 | Sec. 110-55. Compensation of board of appeals members. The | ||||||
8 | members of the
board of appeals shall receive
compensation | ||||||
9 | fixed by the township board
and approved by
the electors at an | ||||||
10 | annual or special township meeting .
| ||||||
11 | (Source: P.A. 82-783; 88-62.)
| ||||||
12 | (60 ILCS 1/110-60)
| ||||||
13 | Sec. 110-60. Amendment of regulations; hearing. The | ||||||
14 | regulations imposed and
the districts created under this | ||||||
15 | Article may be amended from time to time by
the township board | ||||||
16 | by ordinance or resolution after the ordinance or resolution
| ||||||
17 | establishing the regulation has gone into effect, but no | ||||||
18 | amendments shall be
made without a hearing before the board of | ||||||
19 | appeals. At least 15 days notice of
the time and place of the | ||||||
20 | hearing shall be published in an official paper or a
paper of | ||||||
21 | general circulation in the township. If there is a written | ||||||
22 | protest
against any proposed amendment, signed and | ||||||
23 | acknowledged (i) by the owners of
20% of the frontage proposed | ||||||
24 | to be altered, (ii) by the owners of 20% of the
frontage |
| |||||||
| |||||||
1 | immediately adjoining or across an alley from the frontage | ||||||
2 | proposed to
be altered, or (iii) by the owners of 20% of the | ||||||
3 | frontage directly opposite the
frontage proposed to be altered, | ||||||
4 | the amendment shall not be passed except
by the favorable vote | ||||||
5 | of four-fifths three-fourths of all the members of the township
| ||||||
6 | board.
| ||||||
7 | (Source: P.A. 82-783; 88-62.)
| ||||||
8 | Section 15. The Illinois Municipal Code is amended by | ||||||
9 | changing Section 11-12-5 as follows:
| ||||||
10 | (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
| ||||||
11 | Sec. 11-12-5.
Every plan commission and planning | ||||||
12 | department authorized by
this Division 12 has the following | ||||||
13 | powers and whenever in this Division 12
the term plan | ||||||
14 | commission is used such term shall be deemed to include the
| ||||||
15 | term planning department:
| ||||||
16 | (1) To prepare and recommend to the corporate | ||||||
17 | authorities a
comprehensive plan for the present and future | ||||||
18 | development or redevelopment
of the municipality , except | ||||||
19 | that a municipality's plan may not extend beyond the | ||||||
20 | corporate limits of the municipality if a township | ||||||
21 | exercises zoning powers as provided in Article 110 of the | ||||||
22 | Township Code . Such plan may be adopted in whole or in | ||||||
23 | separate
geographical or functional parts, each of which, | ||||||
24 | when adopted, shall be the
official comprehensive plan, or |
| |||||||
| |||||||
1 | part thereof, of that municipality. This
plan may include | ||||||
2 | reasonable requirements with reference to streets, alleys,
| ||||||
3 | public grounds, and other improvements hereinafter | ||||||
4 | specified. The plan, as
recommended by the plan commission | ||||||
5 | and as thereafter adopted in any
municipality in this | ||||||
6 | state, may be made applicable, by the terms thereof,
to | ||||||
7 | land situated within the corporate limits and contiguous | ||||||
8 | territory not
more than one and one-half miles beyond the | ||||||
9 | corporate limits and not
included in any municipality. Such | ||||||
10 | plan may be implemented by ordinances
(a) establishing | ||||||
11 | reasonable standards of design for subdivisions and for
| ||||||
12 | resubdivisions of unimproved land and of areas subject to | ||||||
13 | redevelopment in
respect to public improvements as herein | ||||||
14 | defined; (b) establishing
reasonable requirements | ||||||
15 | governing the location, width, course, and
surfacing of | ||||||
16 | public streets and highways, alleys, ways for public | ||||||
17 | service
facilities, curbs, gutters, sidewalks, street | ||||||
18 | lights, parks, playgrounds,
school grounds, size of lots to | ||||||
19 | be used for residential purposes, storm
water drainage, | ||||||
20 | water supply and distribution, sanitary sewers, and sewage
| ||||||
21 | collection and treatment; and (c) may designate land | ||||||
22 | suitable for
annexation to the municipality and the | ||||||
23 | recommended zoning classification
for such land upon | ||||||
24 | annexation.
| ||||||
25 | (2) To recommend changes, from time to time, in the | ||||||
26 | official
comprehensive plan.
|
| |||||||
| |||||||
1 | (3) To prepare and recommend to the corporate | ||||||
2 | authorities, from time to
time, plans for specific | ||||||
3 | improvements in pursuance of the official
comprehensive | ||||||
4 | plan.
| ||||||
5 | (4) To give aid to the municipal officials charged with | ||||||
6 | the direction of
projects for improvements embraced within | ||||||
7 | the official plan, to further the
making of these projects, | ||||||
8 | and, generally, to promote the realization of the
official | ||||||
9 | comprehensive plan.
| ||||||
10 | (5) To prepare and recommend to the corporate | ||||||
11 | authorities schemes for
regulating or forbidding | ||||||
12 | structures or activities which may hinder access
to solar | ||||||
13 | energy necessary for the proper functioning of solar energy | ||||||
14 | systems,
as defined in Section 1.2 of The Comprehensive | ||||||
15 | Solar Energy Act of 1977,
or to recommend changes in such | ||||||
16 | schemes.
| ||||||
17 | (6) To exercise such other powers germane to the powers | ||||||
18 | granted by this
article as may be conferred by the | ||||||
19 | corporate authorities.
| ||||||
20 | For purposes of implementing ordinances regarding | ||||||
21 | developer
donations
or
impact fees,
and specifically for | ||||||
22 | expenditures thereof,
"school grounds" is defined as including | ||||||
23 | land or site
improvements,
which include
school buildings or | ||||||
24 | other infrastructure, including technological infrastructure, | ||||||
25 | necessitated and specifically and
uniquely attributed to the
| ||||||
26 | development or subdivision in question. This amendatory Act of |
| |||||||
| |||||||
1 | the 93rd
General Assembly applies to all impact fees or | ||||||
2 | developer donations paid into a
school district or held in a | ||||||
3 | separate account or escrow fund by any school
district
or | ||||||
4 | municipality for a school district.
| ||||||
5 | (Source: P.A. 98-741, eff. 1-1-15; 99-78, eff. 7-20-15.)".
|