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Public Act 096-0973
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| HB5923 Enrolled |
LRB096 15275 RLJ 30366 b |
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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 |
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. |
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 |
contiguous
territory, not exceeding 2 square miles, not already |
included within the
corporate limits of any municipality, has |
residing thereon at least 200
inhabitants living in dwellings |
other than those designed to be mobile, and
is owned by at |
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 |
circuit clerk of
the county in which such area is situated a |
petition addressed to the
circuit court for that county.
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The petition shall set forth (1) a definite description of |
the lands
intended to be embraced in the proposed village, (2) |
the number of
inhabitants residing therein, (3) the name of the |
proposed village, and (4)
a prayer that a question be submitted |
to the electors residing within the
limits of the proposed |
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village whether they will incorporate as a village
under this |
Code.
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If the area contains fewer than 7,500 residents and lies |
within 1 1/2
miles of the boundary line of any existing |
municipality, the consent of the
existing municipality must be |
obtained before the area may be incorporated.
No area in a |
county with a population of 150,000 or more that is
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incorporating under the provisions of this Section shall need |
to obtain the
consent of any existing municipality before the |
area may be incorporated.
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In addition, any contiguous territory in a county of |
150,000 or more
population which otherwise meets the |
requirements of this Section may be
incorporated as a village |
pursuant to the provisions of this Section if (1)
any part of |
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 |
to
this
Section before January 1,
1991 or (2) any part of the |
territory is situated
within 25 miles of the Illinois state |
line in a county having a
population,
according to the 1990 |
federal decennial census, of at least 150,000 but less
than |
185,000 and a petition is filed pursuant to
this Section before |
January 1, 1998.
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In addition, contiguous territory not exceeding 2 square |
miles in a county
with a population of not less than 187,000 |
and not more than 190,000 that
otherwise meets the requirements |
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 |
is situated within 13 miles of a
county with a population of |
less than 38,000 and more than 36,000 and (2) a petition is |
filed in
the manner provided in this Section before January 1, |
2005. The
requirements
of Section 2-3-18 concerning |
compatibility with the official plan for
development of the |
county shall not
apply
to any territory seeking incorporation |
under this paragraph. |
In addition, contiguous territory not exceeding 0.7 square |
miles having not less than 1,400 and not more than 1,600 |
inhabitants, as determined by the 2000 federal decennial |
census, living in dwellings other than those designed to be |
mobile, located in a county of not less than 600,000 and not |
more than 650,000 inhabitants, as determined by the 2000 |
federal decennial census, that otherwise meets the |
requirements of this Section may be incorporated as a village |
pursuant to the provisions of this Section if the territory |
includes a contiguous body of water of not less than 30 acres |
and not more than 45 acres. The petition to the court required |
by this Section shall in the case of the area described in this |
paragraph also include a comprehensive plan that specifically |
details the services that the newly incorporated municipality |
shall provide and the estimated initial annual cost of those |
services. If the area is incorporated following referendum |
approval, then the newly incorporated municipality must |
directly provide or contract for 24-hours-per-day, |