HB5923 Engrossed

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    AN ACT concerning local government.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  



 
 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 2-3-5 as follows:
 



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    (65 ILCS 5/2-3-5)  (from Ch. 24, par. 2-3-5)


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    Sec. 2-3-5. Incorporation of village; petition. 
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    Whenever in any county of less than 150,000 population as

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determined by the last preceding federal census, any area of 
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contiguous
territory, not exceeding 2 square miles, not already 
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included within the
corporate limits of any municipality, has 
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residing thereon at least 200
inhabitants living in dwellings 
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other than those designed to be mobile, and
is owned by at 
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least 30 different owners, it may be incorporated as a village

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as follows:

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    35 electors residing within the area may file with the 
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circuit clerk of
the county in which such area is situated a 
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petition addressed to the
circuit court for that county.

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    The petition shall set forth (1) a definite description of 
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the lands
intended to be embraced in the proposed village, (2) 
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the number of
inhabitants residing therein, (3) the name of the 
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proposed village, and (4)
a prayer that a question be submitted 
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to the electors residing within the
limits of the proposed 
 


 






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village whether they will incorporate as a village
under this 
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Code.

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    If the area contains fewer than 7,500 residents and lies 
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within 1 1/2
miles of the boundary line of any existing 
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municipality, the consent of the
existing municipality must be 
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obtained before the area may be incorporated.
No area in a 
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county with a population of 150,000 or more that is

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incorporating under the provisions of this Section shall need 
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to obtain the
consent of any existing municipality before the 
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area may be incorporated.

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    In addition, any contiguous territory in a county of 
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150,000 or more
population which otherwise meets the 
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requirements of this Section may be
incorporated as a village 
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pursuant to the provisions of this Section if (1)
any part of 
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such territory is situated within
10 miles of a county
with a

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population less than 150,000 and a petition is filed pursuant 
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to
this
Section before January 1,
1991 or (2) any part of the 
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territory is situated
within 25 miles of the Illinois state 
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line in a county having a
population,
according to the 1990 
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federal decennial census, of at least 150,000 but less
than 
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185,000 and a petition is filed pursuant to
this Section before 
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January 1, 1998.

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    In addition, contiguous territory not exceeding 2 square 
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miles in a county
with a population of not less than 187,000 
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and not more than 190,000 that
otherwise meets the requirements 
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of
this Section may be incorporated as a village pursuant to 
 


 






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the provisions of
this Section if (1) any part of the territory 
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is situated within 13 miles of a
county with a population of 
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less than 38,000 and more than 36,000 and (2) a petition is 
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filed in
the manner provided in this Section before January 1, 
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2005.  The
requirements
of Section 2-3-18 concerning 
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compatibility with the official plan for
development of the 
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county shall not
apply
to any territory seeking incorporation 
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under this paragraph.
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    In addition, contiguous territory not exceeding 0.7 square 
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miles having not less than 1,400 and not more than 1,600 
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inhabitants, as determined by the 2000 federal decennial 
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census, living in dwellings other than those designed to be 
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mobile, located in a county of not less than 600,000 and not 
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more than 650,000 inhabitants, as determined by the 2000 
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federal decennial census, that otherwise meets the 
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requirements of this Section  may be incorporated as a village 
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pursuant to the provisions of this Section if the territory 
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includes a contiguous body  of water of not less than 30 acres 
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and not more than 40 acres. The consent of a municipality need 
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not be obtained before the territory may be incorporated. The 
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requirements of Section 2-3-18 concerning compatibility with 
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the official plan for development of the county shall not apply 
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to any territory seeking incorporation under this paragraph. 

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(Source: P.A. 93-1058, eff. 12-2-04.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.