State of Illinois
92nd General Assembly
Legislation

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92_HB1085

 
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 1        AN ACT concerning growth 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    Growth Planning Act.

 6        Section 5.  Purpose.  The  General  Assembly  intends  to
 7    establish a comprehensive growth policy for this State that:
 8        (1)  eliminates annexation or incorporation out of fear;
 9        (2)  establishes incentives to annex or incorporate where
10    appropriate;
11        (3)  more  closely  matches the timing of development and
12    the provision of public infrastructure;
13        (4)  stabilizes each county's education funding base  and
14    establishes  an  incentive  for  each county board to be more
15    interested in education matters; and
16        (5)  minimizes suburban sprawl.

17        Section 10.  Definitions:
18        "Department"  means  the  Department  of   Commerce   and
19    Community Affairs.
20        "Growth  plan"  means the plan each county must file with
21    the Department by January 1, 2004.
22        "Planned  growth  area"  means  an  area  established  in
23    conformance with the provisions of Section 45 and approved in
24    accordance with the requirements of Section 30.
25        "Rural area" means an  area  established  in  conformance
26    with  the provisions of Section 45 and approved in accordance
27    with the requirements of Section 30.

28        Section 15.  Applicability.   This  Act  applies  to  all
29    counties in Illinois except Cook County.
 
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 1        Section 20.  Coordinating committee; growth plan.
 2        (a)  Each county must establish a coordinating committee.
 3    The committee must have the following members:
 4             (1)  The  chairman  of  the  county  board,  or  the
 5        chairman's designee.
 6             (2)  The  mayor  of each municipality in the county,
 7        or the mayor's designee.
 8             (3)  One  member  representing   public   utilities,
 9        appointed by the county board.
10             (4)  One member representing agricultural interests,
11        appointed  by  the  governing  body  of  a soil and water
12        conservation district located in the county.
13             (5)  One member representing education, appointed by
14        the school  board  of  the  school  district  having  the
15        largest student enrollment in the county.
16             (6)  One  member representing business, appointed by
17        the county board.
18             (7)  Two   members    representing    environmental,
19        construction,  and  homeowner interests, appointed by the
20        chairman of the county board and 2  members  representing
21        environmental,  construction,  and  homeowner  interests,
22        appointed by the mayor of the largest municipality in the
23        county.
24        (b)  The   coordinating   committee   shall   develop   a
25    recommended  growth  plan not later than January 1, 2003, and
26    shall submit the plan for ratification by  the  county  board
27    and  the  city  council of each municipality. The recommended
28    growth plan must (i) identify  urban  growth  boundaries  for
29    each municipality within the county and (ii) identify planned
30    growth  areas  and  rural  areas  within  the  county, all in
31    conformance  with  the  provisions   of   Section   45.   The
32    coordinating  committee  must  give  due consideration to any
33    planned  growth  areas  and   rural   areas   that   may   be
34    timely-proposed  and  submitted to the coordinating committee
 
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 1    by the county board. The coordinating committee is encouraged
 2    to use planning  resources  that  are  available  within  the
 3    county,  including  municipal,  county,  or regional planning
 4    commissions. The coordinating committee is further encouraged
 5    to use the services of the Department.  Before finalizing the
 6    recommended plan, the  coordinating  committee  must  consult
 7    with  the coordinating committees of the contiguous counties.
 8    The  Department  may  resolve  disputes  between  2  or  more
 9    counties in the same manner it resolves  disputes  between  a
10    county and municipality under Section 25.
11        (c)  Before  finalizing  the recommended growth plan, the
12    coordinating  committee  must  conduct  at  least  2   public
13    hearings.  The  committee shall give at least 15 days advance
14    notice of the time, place, and purpose of each public hearing
15    by notice published in a newspaper of general circulation  in
16    the county.
17        (d)  Not  later  than  January  1, 2004, the coordinating
18    committee  must  submit  its  recommended  growth  plan   for
19    ratification  by  the county board and by the city council of
20    each municipality located in the county.   Not later than 120
21    days after receiving the recommended growth plan, the  county
22    board or city council, as the case may be, must either ratify
23    or  reject  the  recommended  growth plan of the coordinating
24    committee. Failure by the county board or by any city council
25    to act within the  120-day  period  shall  be  deemed  to  be
26    ratification of the recommended growth plan.
27        (e)  If  the  county  or  any  municipality in the county
28    rejects the recommended  growth  plan,  then  the  county  or
29    municipality  shall  submit  its  objections  to the plan for
30    resolution in accordance with Section 25.
31        (f)  The   coordinating   committee   must   review   all
32    development that has, or may have, a regional impact  in  the
33    county and in contiguous counties.
 
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 1        Section 23.  Annexation agreements and other agreements.
 2        (a)  A  municipality  may  make  binding  agreements with
 3    other  municipalities  and  with  counties  to  refrain  from
 4    exercising any power or privilege granted to the municipality
 5    by law, to any degree contained in the  agreement  including,
 6    but not limited to, the authority to annex.
 7        (b)  A   county   may   make   binding   agreements  with
 8    municipalities  to  refrain  from  exercising  any  power  or
 9    privilege granted  to  the  county  by  law,  to  any  degree
10    contained in the agreement including, but not limited to, the
11    authority to receive  revenue.
12        (c)  Any agreement made pursuant to this Section need not
13    have  a  set term, but after the agreement has been in effect
14    for 5 years, any party upon giving 90 days' written notice to
15    the  other  parties  is  entitled  to  a   renegotiation   or
16    termination of the agreement.
17        (d)  Notwithstanding   any   provisions  of  law  to  the
18    contrary, any annexation agreement or any  agreement  of  any
19    kind  either between municipalities or between municipalities
20    and counties setting out areas reserved for future  municipal
21    annexation  and  in  effect on the effective date of this Act
22    are ratified and remain binding and in full force and effect.
23    Any such agreement may be amended from time to time by mutual
24    agreement of the parties. Any such agreement or amendment may
25    not be construed to abrogate the application of any provision
26    of this Act to  the  area  annexed  under  the  agreement  or
27    amendment.
28        (e)  Nothing  in this Section prohibits written contracts
29    between municipalities and property owners  relative  to  the
30    exercise of a municipality's rights of annexation or operates
31    to  invalidate  an  annexation  ordinance in existence on the
32    effective date of this Act.

33        Section   25.  Rejection   of   growth   plan;    dispute
 
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 1    resolution.
 2        (a)  If  the  county  or  any  municipality  rejects  the
 3    recommended growth plan, then the coordinating committee must
 4    reconsider its action. After reconsideration of the plan, the
 5    coordinating  committee  may  recommend a revised growth plan
 6    and may submit the revised growth plan  for  ratification  by
 7    the  county  board and the city council of each municipality.
 8    If a recommended  growth  plan  or  revised  growth  plan  is
 9    rejected, then the county or any municipality may declare the
10    existence  of  an  impasse  and may request the Department to
11    provide an alternative  method  for  resolution  of  disputes
12    preventing ratification of a growth plan.
13        (b)  Upon receiving a request for dispute resolution, the
14    Department shall promptly appoint a dispute resolution panel.
15    The  panel  shall  consist of 3 members each of whom shall be
16    appointed from the ranks of  the  administrative  law  judges
17    employed  by  the  Department  and each of whom shall possess
18    formal training in the  methods  and  techniques  of  dispute
19    resolution  and  mediation;  provided, however, if the county
20    and all municipalities agree, the Department  may  appoint  a
21    single  administrative  law  judge  rather  than a panel of 3
22    members. No member of the panel, or of the  immediate  family
23    of any  the member or the member's spouse, may be a resident,
24    property owner, official, or employee of the county or of any
25    municipality located in the county.
26        (c)  The  panel  shall  attempt to mediate the unresolved
27    disputes. If, after reasonable efforts,  mediation  does  not
28    resolve   the  disputes,  then  the  panel  shall  propose  a
29    non-binding resolution of the dispute. The county  board  and
30    the municipalities must be given a reasonable period in which
31    to  consider  the  proposal. If the county board and the city
32    councils of municipalities do  not  accept  and  approve  the
33    resolution,  they  may  submit  final  recommendations to the
34    panel. For the sole purpose of  resolving  the  impasse,  the
 
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 1    panel  shall adopt a growth plan. In mediating the dispute or
 2    in  making  a  proposal,  the  panel  may  consult  with  the
 3    University of Illinois and others  with  expertise  in  urban
 4    planning, growth, and development. The growth plan adopted by
 5    the panel shall conform to the provisions of Section 45.
 6        (d)  The  Department  must  certify  the  reasonable  and
 7    necessary  costs  incurred  by  the dispute resolution panel,
 8    including,  but  not  necessarily   limited   to,   salaries,
 9    supplies,  travel  expenses,  and staff support for the panel
10    members. The county and the municipalities must reimburse the
11    Department for those costs, to be allocated  on  a  pro  rata
12    basis  calculated  on  the  number of persons residing within
13    each of the municipalities and the number of persons residing
14    within the unincorporated  areas  of  the  county;  provided,
15    however,  if the dispute resolution panel determines that the
16    dispute  resolution  process  was  necessitated   or   unduly
17    prolonged  by  bad  faith or frivolous actions on the part of
18    the county or one or more  of  the  municipalities  then  the
19    Department   may,  upon  the  recommendation  of  the  panel,
20    reallocate  liability  for  the  reimbursement  in  a  manner
21    clearly  punitive  to  the party acting frivolously or in bad
22    faith.
23        (e)  If a county or municipality fails to  reimburse  its
24    allocated   or  reallocated  share  of  panel  costs  to  the
25    Department   after  60  days'  notice  of  the   costs,   the
26    Department  of Revenue shall deduct the costs from a county's
27    or a municipality's share of sales taxes.

28        Section 30.  Approval of growth plan by Department.
29        (a)  No later than  January  1,  2004,  the  growth  plan
30    recommended  or  revised  by  the  coordinating committee and
31    ratified by the county and each municipality located  in  the
32    county or alternatively adopted by a dispute resolution panel
33    shall be submitted to the Department. If planned growth areas
 
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 1    and rural areas were recommended or revised by a coordinating
 2    committee and ratified by the county and each municipality in
 3    the  county, then the Department must grant its approval, and
 4    the growth plan shall become immediately  effective.  In  all
 5    other  cases,  if  the  Department  determines that the urban
 6    growth boundaries, planned  growth  areas,  and  rural  areas
 7    conform   with   the  provisions  of  Section  45,  then  the
 8    Department must grant its approval and the growth plan  shall
 9    immediately  become effective; provided, however that if  the
10    Department determines that the planned growth areas or  rural
11    areas  in  any  way  do  not  conform  with the provisions of
12    Section 45, the Department shall adopt and grant its approval
13    of alternative planned growth areas or rural  areas  for  the
14    sole  purpose  of making the adjustments necessary to achieve
15    conformance  with  the  provisions   of   Section   45.   The
16    alternative   planned  growth  areas  or  rural  areas  shall
17    supersede  and   replace   all   conflicting   urban   growth
18    boundaries,  planned  growth  areas, or rural areas and shall
19    immediately become effective as the growth plan.
20        (b)  After the Department has approved a growth plan, the
21    Department shall forward a copy to the chairman of the county
22    board who shall file the plan in the recorder's  office.  The
23    recorder  may  not impose a fee on the chairman of the county
24    board for this service.

25        Section  35.  Amendment  of  growth   plan.   After   the
26    Department  approves  a  growth  plan, the plan shall stay in
27    effect for  not  less  than  3  years  absent  a  showing  of
28    extraordinary  circumstances.  After  the  expiration  of the
29    3-year period,  a  municipality  or  county  may  propose  an
30    amendment  to  the  growth  plan  by  filing  notice with the
31    chairman of the county board  and  with  the  mayor  of  each
32    municipality in the county. Upon receipt of the notice, those
33    officials shall take appropriate action to promptly reconvene
 
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 1    or  re-establish  the  coordinating  committee. The burden of
 2    proving the reasonableness of the proposed amendment shall be
 3    upon the party  proposing  the  change.  The  procedures  for
 4    amending  the growth plan shall be the same as the procedures
 5    in Sections 20, 25, and  30  for  establishing  the  original
 6    plan.

 7        Section 40.  Judicial review.
 8        (a)  The  affected  county,  an  affected municipality, a
 9    resident of the county, or an owner of real property  located
10    in  the  county  is  entitled  to  judicial review under this
11    Section. The provisions of this  Section  are  the  exclusive
12    method for judicial review of the growth plan and its planned
13    growth areas and rural areas. Proceedings for review shall be
14    instituted  by  filing  a  petition for review in the circuit
15    court of the affected county.  The  petition  must  be  filed
16    during  a  60-day  period after final approval of the planned
17    growth areas and rural areas by the Department. In accordance
18    with the provisions of the Code of Civil Procedure pertaining
19    to service of process, copies of the petition shall be served
20    upon  the  Department,  the  county,  and  each  municipality
21    located in the county.
22        (b)  Judicial review  shall  be  de  novo  and  shall  be
23    conducted by the circuit court without a jury. The petitioner
24    has  the  burden  of  proving,  by  a  preponderance  of  the
25    evidence,  that  the  planned growth areas or rural areas are
26    invalid because the adoption or approval of them was  granted
27    in   an  arbitrary,  capricious,  illegal,  or  other  manner
28    characterized by abuse of official discretion. The filing  of
29    the petition for review does not itself stay effectiveness of
30    the  planned growth areas and rural areas; provided, however,
31    the court may order a stay upon appropriate terms  if  it  is
32    shown  to the satisfaction of the court that any party or the
33    public at large is likely to suffer significant injury  if  a
 
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 1    stay  is  not  granted.  If  more  than one petition is filed
 2    within  the  county,  then  all  the   petitions   shall   be
 3    consolidated and reviewed as a single civil action.
 4        (c)  If  the  court  finds  by  a  preponderance  of  the
 5    evidence  that  the  planned  growth areas or rural areas are
 6    invalid because the adoption or approval of them was  granted
 7    in   an  arbitrary,  capricious,  illegal,  or  other  manner
 8    characterized by abuse of official discretion, an order shall
 9    be entered vacating the growth plan, in whole or in part, and
10    remanding  the  growth   plan   to   the   county   and   the
11    municipalities  in  order  to identify and obtain adoption or
12    approval of urban growth boundaries, planned growth areas, or
13    rural areas in conformance  with  the  procedures  set  forth
14    within Sections 20, 25, and 30.
15        (d)  Any  party  to  the suit, aggrieved by the ruling of
16    the circuit court, may obtain a review of the final  judgment
17    of  the circuit court by appeal to the Appellate Court in the
18    judicial district in which the circuit court is located.

19        Section 45.  Planned growth areas; rural areas.
20        (a)  Each planned growth area of a county must:
21             (1)  Identify territory that is  reasonably  compact
22        yet  sufficiently  large  to  accommodate residential and
23        nonresidential growth projected to occur during the  next
24        20 years.
25             (2)  Identify  territory  that  is  not  within  the
26        existing boundaries of any municipality.
27             (3)  Identify   territory   that  a  reasonable  and
28        prudent person  would  project  as  the  likely  site  of
29        high-density  or moderate-density commercial, industrial,
30        and residential growth over the next 20  years  based  on
31        historical experience, economic trends, population growth
32        patterns,    topographical   characteristics,   and,   if
33        available,  professional   planning,   engineering,   and
 
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 1        economic studies.
 2             (4)  Identify territory that is not contained within
 3        urban growth boundaries.
 4             (5)  Reflect  the  county's  duty  to manage natural
 5        resources and to manage and control urban growth,  taking
 6        into  account  the impact to agricultural lands, forests,
 7        water quality, and wildlife habitat.
 8        Before formally proposing any planned growth area to  the
 9    coordinating  committee,  the county shall develop and report
10    population  growth  projections.  The  projections  shall  be
11    developed in conjunction with the University of Illinois. The
12    county shall also determine and report the projected costs of
13    providing urban-type core infrastructure, urban services, and
14    public   facilities   throughout    the    territory    under
15    consideration for inclusion within the planned growth area as
16    well  as the feasibility of recouping the costs by imposition
17    of fees or taxes within the planned growth area.  The  county
18    shall  also  determine  and report on the need for additional
19    land suitable for high-density  industrial,  commercial,  and
20    residential  development  after taking into account all areas
21    within the current boundaries of municipalities that  can  be
22    used,  reused, or redeveloped to meet those needs. The county
23    shall also determine and report on the  likelihood  that  the
24    territory   under  consideration  for  inclusion  within  the
25    planned growth area will  eventually  incorporate  as  a  new
26    municipality or be annexed. The county shall also examine and
27    report  on  agricultural  lands,  forests, water quality, and
28    wildlife habitat within the territory under consideration for
29    inclusion within the planned growth area  and  shall  examine
30    and report on the likely long-term effects of urban expansion
31    on those agricultural lands, forests, recreational areas, and
32    wildlife management areas.
33        Before a county board may propose planned growth areas to
34    the  coordinating  committee, the county must hold at least 2
 
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 1    public hearings. Notice of the time, place,  and  purpose  of
 2    the  public  hearing  shall  be  published  in a newspaper of
 3    general circulation in the  county  not  less  than  15  days
 4    before each hearing.
 5        (b)  Each rural area must:
 6             (1)  Identify  territory  that  is  not within urban
 7        growth boundaries.
 8             (2)  Identify territory that is not within a planned
 9        growth area.
10             (3)  Identify  territory  that,  over  the  next  20
11        years, is to be preserved as agricultural lands, forests,
12        recreational areas, wildlife habitat,  wetlands,  or  for
13        uses  other  than high-density commercial, industrial, or
14        residential development.
15             (4)  Reflect the county's duty to manage growth  and
16        natural  resources  in a manner that reasonably minimizes
17        detrimental impact to agricultural lands, forests,  water
18        quality, and wildlife habitat.
19        Before  a  county  board  may  propose rural areas to the
20    coordinating committee, the  county  must  hold  at  least  2
21    public  hearings.  Notice  of the time, place, and purpose of
22    the public hearing shall  be  published  in  a  newspaper  of
23    general  circulation  in  the  county  not  less than 15 days
24    before each hearing.

25        Section 50.  Land use after growth plan approval.   After
26    the Department approves a growth plan, all land use decisions
27    made  by  the county must be consistent with the growth plan.
28    The  growth  plan  must  include,  at  a  minimum,  documents
29    describing and depicting municipal corporate limits, as  well
30    as urban growth boundaries, planned growth areas, if any, and
31    rural  areas,  if  any.  The  purpose  of a growth plan is to
32    direct the coordinated, efficient, and orderly development of
33    the unit of local government that will, based on an  analysis
 
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 1    of  present and future needs, best promote the public health,
 2    safety, morals, and general welfare of the public.  A  growth
 3    plan   may   address   land   use,   transportation,   public
 4    infrastructure,  housing, and economic development. The goals
 5    and objectives of a growth plan include the need to:
 6        (1)  Provide  a   unified   physical   design   for   the
 7    development of the local community.
 8        (2)  Encourage  a  pattern of compact and contiguous high
 9    density development to be guided into urban areas or  planned
10    growth areas.
11        (3)  Establish  an  acceptable  and  consistent  level of
12    public services and community facilities  and  ensure  timely
13    provision of those services and facilities.
14        (4)  Promote   the   adequate   provision  of  employment
15    opportunities and the economic health of the region.
16        (5)  Conserve  features  of  significant   statewide   or
17    regional     architectural,    cultural,    historical,    or
18    archaeological interest.
19        (6)  Protect  life  and  property  from  the  effects  of
20    natural hazards, such as flooding, winds, and wildfires.
21        (7)  Take into consideration any other matters  that  may
22    be  logically  related  to or form an integral part of a plan
23    for the coordinated, efficient and orderly development of the
24    local community.
25        (8)  Provide for a variety of housing choices and  assure
26    affordable housing for future population growth.

27        Section  55.  Consideration  for  grants  by  Department.
28    Upon  approval  of  a county's growth plan by the Department,
29    the Department may give the county  additional  consideration
30    for  any  grants that the Department determines by rule.  The
31    Department may, by rule, make grant programs  unavailable  to
32    counties that do not have approved growth plans.
 
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 1        Section 60.  Home rule.  A home rule unit may not adopt a
 2    growth  plan  in  a  manner  that  is  inconsistent  with the
 3    provisions of this Act.  This Section is a  limitation  under
 4    subsection  (i)  of  Section 6 of Article VII of the Illinois
 5    Constitution on the concurrent exercise by home rule units of
 6    powers and functions exercised by the State.

 7        Section 65.  Severability.  If any provision of this  Act
 8    or  its  application  to  any  person or circumstance is held
 9    invalid, the invalidity of that provision or application does
10    not affect other provisions or applications of this Act  that
11    can   be  given  effect  without  the  invalid  provision  or
12    application.

13        Section 90.  The State Mandates Act is amended by  adding
14    Section 8.25 as follows:

15        (30 ILCS 805/8.25 new)
16        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
17    and 8 of this Act, no reimbursement by the State is  required
18    for  the  implementation  of  any  mandate  created  by  this
19    amendatory Act of the 92nd General Assembly.

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

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