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92_HB0505eng HB0505 Engrossed LRB9202514MWpcA 1 AN ACT in relation to planning. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Local Planning Technical Assistance Act. 6 Section 5. Purposes. The purposes of this Act are to: 7 (1) Provide technical assistance to Illinois local 8 governments that request it for the development of local 9 planning ordinances and regulations. 10 (2) Encourage Illinois local governments to engage 11 in planning, regulatory, and development approaches that 12 promote and encourage comprehensive planning. 13 (3) Provide demonstration grants to units of local 14 government; planning agencies; educational institutions; 15 and other not-for-profit organizations and associations 16 serving neighborhoods, communities, and regions of 17 Illinois to prepare and implement comprehensive plans, 18 zoning ordinances, subdivision controls, other land 19 development regulations, and development incentives that 20 promote and encourage comprehensive planning. 21 (4) Prepare and distribute model ordinances, 22 manuals, and other technical publications that promote 23 and encourage comprehensive planning. 24 (5) Research and report upon the results and impact 25 of activities funded by the demonstration grants. 26 (6) Provide demonstration grants to units of local 27 government; planning agencies; educational institutions; 28 and other not-for-profit organizations and associations 29 serving neighborhoods, communities, and regions of 30 Illinois to engage in pre-development activities for 31 projects that promote and encourage comprehensive HB0505 Engrossed -2- LRB9202514MWpcA 1 planning. The activities could include market feasibility 2 studies, architectural renderings, and environmental 3 assessments. 4 (7) Support local planning efforts in communities 5 with limited financial means. 6 (8) Support planning efforts that include one or 7 more units of local government; planning agencies; 8 educational institutions; and other not-for-profit 9 organizations and associations serving neighborhoods, 10 communities, and regions of Illinois working together. 11 Section 10. Definitions. In this Act: 12 "Comprehensive plan" means a regional plan adopted under 13 Section 5-14001 of the Counties Code, an official 14 comprehensive plan adopted under Section 11-12-6 of the 15 Illinois Municipal Code, or local land resource management 16 plan adopted under Section 4 of the Local Land Resource 17 Management Planning Act. 18 "Department" means the Department of Commerce and 19 Community Affairs. 20 "Land development regulation" means any ordinance or 21 regulation of a county or municipality that regulates 22 development and land use, including, but not limited to, 23 zoning and subdivision ordinances. 24 "Local government" or "unit of local government" means 25 any city, village, incorporated town, or county. 26 "Subsidiary plan" means any plan, other than a 27 comprehensive plan, that guides development, land use, and 28 infrastructure for a county or municipality, or a portion of 29 a county or municipality. 30 Section 15. Technical assistance grants. The Department 31 may make grants to units of local government; planning 32 agencies; educational institutions; and other not-for-profit HB0505 Engrossed -3- LRB9202514MWpcA 1 organizations and associations serving neighborhoods, 2 communities, and regions of Illinois to develop, update, 3 administer, and implement comprehensive plans, subsidiary 4 plans, land development regulations, development incentives, 5 market feasibility studies, architectural renderings, and 6 environmental assessments that promote and encourage the 7 principles of comprehensive planning. 8 The Department may adopt rules establishing standards and 9 procedures for determining eligibility for the grants, 10 regulating the use of funds under the grants, and requiring 11 periodic reporting of the results and impact of activities 12 funded by the grants. No individual grant under this Act may 13 have duration of more than 24 months. 14 The Department, in the determination of grantees, may 15 also seek an even balance of grants within metropolitan 16 regions. 17 Section 20. Model ordinances and technical publications. 18 The Department may prepare model ordinances, manuals, and 19 other technical publications that are founded upon and 20 promote comprehensive planning. The Department may make all 21 possible use of existing model ordinances, manuals, and other 22 technical publications that promote and encourage 23 comprehensive planning and that were prepared by regional 24 planning agencies and commissions, councils of government, 25 and other organizations. 26 The Department may employ or retain private 27 not-for-profit entities, regional planning agencies and 28 commissions, councils of government, and universities to 29 advise, prepare, or conduct the preparation of the model 30 ordinances, manuals, and other technical publications. 31 The Department may distribute any model ordinances, 32 manuals, and other technical publications prepared under this 33 Section to all counties and municipalities in this State, HB0505 Engrossed -4- LRB9202514MWpcA 1 regional planning agencies and commissions in this State, the 2 Illinois State Library, all public libraries in this State, 3 and to other organizations and libraries at the Department's 4 discretion. 5 Section 25. Use of technical assistance grants. 6 Technical assistance grants may be used to write or revise a 7 local comprehensive plan. A comprehensive plan funded under 8 Section 15 of this Act must address, but is not limited to 9 addressing, each of the following elements. 10 (1) Issues and opportunities. The purpose of this 11 element is to state the vision of the community, identify 12 the major trends and forces affecting the local 13 government and its citizens, set goals and standards, and 14 serve as a series of guiding principles and priorities to 15 implement the vision. 16 (2) Land use and natural resources. The purpose of 17 this element is to translate the vision statement into 18 physical terms; provide a general pattern for the 19 location, distribution, and characteristics of future 20 land uses over a 20-year period; and serve as the element 21 of the comprehensive plan upon which all other elements 22 are based. The land use element must be in text and map 23 form. It must include supporting studies on population, 24 the local economy, natural resources, and an inventory of 25 existing land uses. 26 (3) Transportation. The purpose of this element is 27 to consider all relevant modes of transportation, 28 including mass transit, air, water, rail, automobile, 29 bicycle, and pedestrian modes of transportation; 30 accommodate special needs; establish the framework for 31 the acquisition, preservation, and protection of existing 32 and future rights-of-way; and incorporate transportation 33 performance measures. HB0505 Engrossed -5- LRB9202514MWpcA 1 (4) Community facilities (schools, parks, police, 2 fire, and water and sewer). The purpose of this element 3 is to provide community facilities; establish levels of 4 service; ensure that facilities are provided as needed; 5 and coordinate with other units of local government that 6 provide the needed facilities. 7 (5) Telecommunications infrastructure. The purpose 8 of this element is to coordinate telecommunications 9 initiatives; assess short-term and long-term needs, 10 especially regarding economic development; determine the 11 location and capacity of existing infrastructure; 12 encourage investment in the most advanced technologies; 13 and establish a framework for providing reasonable access 14 to public rights-of-way. 15 (6) Housing. The purpose of this element is to 16 document the present and future needs for housing within 17 the jurisdiction of the local government, including 18 affordable housing and special needs housing; take into 19 account the housing needs of a larger region; identify 20 barriers to the production of housing, including 21 affordable housing; access the condition of the local 22 housing stock; and develop strategies, programs, and 23 other actions to address the needs for a range of housing 24 options. 25 (7) Economic development. The purpose of this 26 element is to coordinate local economic development 27 initiatives with those of the State; ensure that adequate 28 economic development opportunities are available; 29 identify the strategic competitive advantages of the 30 community and the surrounding region; assess the 31 community's strengths and weaknesses with respect to 32 attracting and retaining business and industry; and 33 define the municipality's and county's role. 34 (8) Natural resources. The purpose of this element HB0505 Engrossed -6- LRB9202514MWpcA 1 is to identify and define the natural resources in the 2 community with respect to water, land, flora, and fauna; 3 identify the land and water areas in relation to these 4 resources; assess the relative importance of these areas 5 to the needs of the resources; and identify mitigation 6 efforts that are needed to protect these resources. 7 (9) Public participation. This element must include 8 a process for engaging the community in outreach; the 9 development of a sense of community; a consensus building 10 process; and a public education strategy. 11 (10) Comprehensive plans may also include the 12 following: natural hazards; agriculture and forest 13 preservation; human services; community design; historic 14 preservation; and the adoption of subplans, as needed. 15 The decision on whether to include these elements in the 16 comprehensive plan shall be based on the needs of the 17 particular unit of local government. 18 The purpose of this Section is to provide guidance on the 19 elements of a comprehensive plan but not to mandate content. 20 Section 30. Consistency of land use regulations and 21 actions with comprehensive plans. 22 (a) If a municipality or county is receiving assistance 23 to write or revise a comprehensive plan, no later than 5 24 years after the effective date of this Act, land development 25 regulations, including amendments to a zoning map, and any 26 land use actions must be consistent with the local 27 comprehensive plan. "Land use actions" include preliminary or 28 final approval of a subdivision plat, approval of a planned 29 unit development, approval of a conditional use, granting a 30 variance, or a decision by a unit of local government to 31 construct a capital improvement, acquire land for community 32 facilities, or both. 33 (b) Municipalities and counties that have adopted HB0505 Engrossed -7- LRB9202514MWpcA 1 official comprehensive plans in accordance with Division 12 2 of Article 11 of the Illinois Municipal Code or Section 3 5-14001 of the Counties Code may be eligible for additional 4 preferences in State economic development programs, State 5 transportation programs, State planning programs, State 6 natural resources programs, and State agriculture programs. 7 Section 35. Educational and training programs. The 8 Department may provide educational and training programs in 9 planning, regulatory, and development practices and 10 techniques that promote and encourage comprehensive planning, 11 including, but not limited to, the use and application of 12 any model ordinances, manuals, and other technical 13 publications prepared by the Department. 14 The Department may employ or retain not-for-profit 15 entities, regional planning agencies and commissions, and 16 universities to operate or conduct, or assist in the 17 operation or conduct of, the programs. 18 Section 40. Annual report. 19 (a) The Department may, at least annually but more 20 often at its discretion, report in writing to the Governor 21 and General Assembly on: 22 (1) The results and impacts of county and municipal 23 activities funded by the grants authorized by this Act. 24 (2) The distribution of the grants. 25 (3) Model ordinances, manuals, and other technical 26 publications prepared by the Department. 27 (4) Educational and training programs provided by 28 the Department. 29 (b) The report may also be provided to all counties and 30 municipalities in this State, regional planning agencies and 31 commissions in this State, the Illinois State Library, all 32 public libraries in this State, and to other organizations HB0505 Engrossed -8- LRB9202514MWpcA 1 and libraries upon request at the Department's discretion. 2 Section 45. Local Planning Fund. The Department may use 3 moneys, subject to appropriation, in the Local Planning Fund, 4 a special fund created in the State treasury, to implement 5 and administer this Act. If funds are not appropriated, the 6 Department is not required to carry forth the requirements of 7 this Act but may, at its discretion, use funds from other 8 sources. 9 Section 900. The State Finance Act is amended by adding 10 Section 5.545 as follows: 11 (30 ILCS 105/5.545 new) 12 Sec. 5.545. The Local Planning Fund. 13 Section 999. Effective date. This Act takes effect upon 14 becoming law.