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91_HB2205
LRB9103188MWgc
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 services;
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 urban 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, 2002.
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 "Urban growth boundary" means a line encompassing
29 territory established in conformance with the provisions of
30 Section 45 and approved in accordance with the requirements
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1 of Section 30.
2 Section 15. Applicability. This Act applies to all
3 counties in Illinois except Cook County.
4 Section 20. Coordinating committee; growth plan.
5 (a) Each county shall establish a coordinating
6 committee. The committee shall have the following members:
7 (1) The chairman of the county board, or the
8 chairman's designee.
9 (2) The mayor of each municipality in the county,
10 or the mayor's designee.
11 (3) One member representing public utilities,
12 appointed by the county board.
13 (4) One member representing agricultural interests,
14 appointed by the governing body of a soil and water
15 conservation district located in the county.
16 (5) One member representing education, appointed by
17 the school board of the school district having the
18 largest student enrollment in the county.
19 (6) One member representing business, appointed by
20 the county board.
21 (7) Two members representing environmental,
22 construction, and homeowner interests, appointed by the
23 chairman of the county board and 2 members representing
24 environmental, construction, and homeowner interests,
25 appointed by the mayor of the largest municipality in the
26 county.
27 (b) The coordinating committee shall develop a
28 recommended growth plan not later than January 1, 2001, and
29 shall submit the plan for ratification by the county board
30 and the city council of each municipality. The recommended
31 growth plan must (i) identify urban growth boundaries for
32 each municipality within the county and (ii) identify planned
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1 growth areas and rural areas within the county, all in
2 conformance with the provisions of Section 45. In developing
3 a recommended growth plan, the coordinating committee must
4 give due consideration to any urban growth boundaries that
5 may be timely-proposed and submitted to the coordinating
6 committee by the corporate authorities of each municipality.
7 The coordinating committee must also give due consideration
8 to any planned growth areas and rural areas that may be
9 timely-proposed and submitted to the coordinating committee
10 by the county board. The coordinating committee is encouraged
11 to use planning resources that are available within the
12 county, including municipal, county, or regional planning
13 commissions. The coordinating committee is further encouraged
14 to use the services of the Department. Before finalizing the
15 recommended plan, the coordinating committee must consult
16 with the coordinating committees of the contiguous counties.
17 The Department may resolve disputes between 2 or more
18 counties in the same manner it resolves disputes between a
19 county and municipality under Section 25.
20 (c) Before finalizing the recommended growth plan, the
21 coordinating committee must conduct at least 2 public
22 hearings. The committee shall give at least 15 days advance
23 notice of the time, place, and purpose of each public hearing
24 by notice published in a newspaper of general circulation in
25 the county.
26 (d) Not later than January 1, 2001, the coordinating
27 committee must submit its recommended growth plan for
28 ratification by the county board and by the city council of
29 each municipality located in the county, provided, however,
30 and notwithstanding any provision of this Act to the
31 contrary, if a municipality is completely contiguous to and
32 surrounded by one or more municipalities, then the corporate
33 limits of the surrounded municipality shall constitute that
34 municipality's urban growth boundaries and that municipality
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1 may not ratify or reject the recommended growth plan. Not
2 later than 120 days after receiving the recommended growth
3 plan, the county board or city council, as the case may be,
4 must either ratify or reject the recommended growth plan of
5 the coordinating committee. Failure by the county board or by
6 any city council to act within the 120-day period shall be
7 deemed to be ratification of the recommended growth plan.
8 (e) If the county or any municipality in the county
9 rejects the recommended growth plan, then the county or
10 municipality shall submit its objections to the plan for
11 resolution in accordance with Section 25. In resolving
12 disputes arising from disagreements over which urban growth
13 boundary should contain specific territory, due consideration
14 must be given to the following factors:
15 (1) Whether one municipality is better able to
16 efficiently and effectively provide urban services within
17 the disputed territory.
18 (2) Whether one municipality detrimentally relied
19 upon priority status conferred under prior annexation law
20 and justifiably incurred significant expense in
21 preparation for annexation of the disputed territory.
22 Section 23. Annexation agreements and other agreements.
23 (a) A municipality may make binding agreements with
24 other municipalities and with counties to refrain from
25 exercising any power or privilege granted to the municipality
26 by law, to any degree contained in the agreement including,
27 but not limited to, the authority to annex.
28 (b) A county may make binding agreements with
29 municipalities to refrain from exercising any power or
30 privilege granted to the county by law, to any degree
31 contained in the agreement including, but not limited to, the
32 authority to receive revenue.
33 (c) Any agreement made pursuant to this Section need not
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1 have a set term, but after the agreement has been in effect
2 for 5 years, any party upon giving 90 days' written notice to
3 the other parties is entitled to a renegotiation or
4 termination of the agreement.
5 (d) Notwithstanding any provisions of law to the
6 contrary, any annexation agreement or any agreement of any
7 kind either between municipalities or between municipalities
8 and counties setting out areas reserved for future municipal
9 annexation and in effect on the effective date of this Act
10 are ratified and remain binding and in full force and effect.
11 Any such agreement may be amended from time to time by mutual
12 agreement of the parties. Any such agreement or amendment may
13 not be construed to abrogate the application of any provision
14 of this Act to the area annexed under the agreement or
15 amendment.
16 (e) Nothing in this Section prohibits written contracts
17 between municipalities and property owners relative to the
18 exercise of a municipality's rights of annexation or operates
19 to invalidate an annexation ordinance in existence on the
20 effective date of this Act.
21 Section 25. Rejection of growth plan; dispute
22 resolution.
23 (a) If the county or any municipality rejects the
24 recommended growth plan, then the coordinating committee must
25 reconsider its action. After reconsideration of the plan, the
26 coordinating committee may recommend a revised growth plan
27 and may submit the revised growth plan for ratification by
28 the county board and the city council of each municipality.
29 If a recommended growth plan or revised growth plan is
30 rejected, then the county or any municipality may declare the
31 existence of an impasse and may request the Department to
32 provide an alternative method for resolution of disputes
33 preventing ratification of a growth plan.
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1 (b) Upon receiving a request for dispute resolution, the
2 Department shall promptly appoint a dispute resolution panel.
3 The panel shall consist of 3 members each of whom shall be
4 appointed from the ranks of the administrative law judges
5 employed by the Department and each of whom shall possess
6 formal training in the methods and techniques of dispute
7 resolution and mediation, provided, however, if the county
8 and all municipalities agree, the Department may appoint a
9 single administrative law judge rather than a panel of 3
10 members. No member of the panel, or of the immediate family
11 of any the member or the member's spouse, may be a resident,
12 property owner, official, or employee of the county or of any
13 municipality located in the county.
14 (c) The panel shall attempt to mediate the unresolved
15 disputes. If, after reasonable efforts, mediation does not
16 resolve the disputes, then the panel shall propose a
17 non-binding resolution of the dispute. The county board and
18 the municipalities shall be given a reasonable period in
19 which to consider the proposal. If the county board and the
20 city councils of municipalities do not accept and approve the
21 resolution, they may submit final recommendations to the
22 panel. For the sole purpose of resolving the impasse, the
23 panel shall adopt a growth plan. In mediating the dispute or
24 in making a proposal, the panel may consult with the
25 University of Illinois and others with expertise in urban
26 planning, growth, and development. The growth plan adopted by
27 the panel shall conform to the provisions of Section 45.
28 (d) The Department shall certify the reasonable and
29 necessary costs incurred by the dispute resolution panel,
30 including, but not necessarily limited to, salaries,
31 supplies, travel expenses, and staff support for the panel
32 members. The county and the municipalities shall reimburse
33 the Department for those costs, to be allocated on a pro rata
34 basis calculated on the number of persons residing within
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1 each of the municipalities and the number of persons residing
2 within the unincorporated areas of the county; provided,
3 however, if the dispute resolution panel determines that the
4 dispute resolution process was necessitated or unduly
5 prolonged by bad faith or frivolous actions on the part of
6 the county or one or more of the municipalities then the
7 Department may, upon the recommendation of the panel,
8 reallocate liability for the reimbursement in a manner
9 clearly punitive to the party acting frivolously or in bad
10 faith.
11 (e) If a county or municipality fails to reimburse its
12 allocated or reallocated share of panel costs to the
13 Department after 60 days' notice of the costs, the
14 Department of Revenue shall deduct the costs from a county's
15 or a municipality's share of sales taxes.
16 Section 30. Approval of growth plan by Department.
17 (a) No later than January 1, 2002, the growth plan
18 recommended or revised by the coordinating committee and
19 ratified by the county and each municipality located in the
20 county or alternatively adopted by a dispute resolution panel
21 shall be submitted to and approved by Department. If urban
22 growth boundaries, planned growth areas, and rural areas were
23 recommended or revised by a coordinating committee and
24 ratified by the county and each municipality in the county,
25 then the Department must grant its approval, and the growth
26 plan shall become immediately effective. In all other cases,
27 if the Department determines that the urban growth
28 boundaries, planned growth areas, and rural areas conform
29 with the provisions of Section 45, then the Department must
30 grant its approval and the growth plan shall immediately
31 become effective, provided, however that if the Department
32 determines that the urban growth boundaries, planned growth
33 areas, or rural areas in any way do not conform with the
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1 provisions of Section 45, the Department shall adopt and
2 grant its approval of alternative urban growth boundaries,
3 planned growth areas, or rural areas for the sole purpose of
4 making the adjustments necessary to achieve conformance with
5 the provisions of Section 45. The alternative urban growth
6 boundaries, planned growth areas, or rural areas shall
7 supersede and replace all conflicting urban growth
8 boundaries, planned growth areas, or rural areas and shall
9 immediately become effective as the growth plan.
10 (b) After the Department has approved a growth plan, the
11 Department shall forward a copy to the chairman of the county
12 board who shall file the plan in the recorder's office. The
13 recorder may not impose a fee on the chairman of the county
14 board for this service.
15 Section 35. Amendment of growth plan. After the
16 Department approves a growth plan, the plan shall stay in
17 effect for not less than 3 years absent a showing of
18 extraordinary circumstances. After the expiration of the
19 3-year period, a municipality or county may propose an
20 amendment to the growth plan by filing notice with the
21 chairman of the county board and with the mayor of each
22 municipality in the county. Upon receipt of the notice, those
23 officials shall take appropriate action to promptly reconvene
24 or re-establish the coordinating committee. The burden of
25 proving the reasonableness of the proposed amendment shall be
26 upon the party proposing the change. The procedures for
27 amending the growth plan shall be the same as the procedures
28 in Sections 20, 25, and 30 for establishing the original
29 plan.
30 Section 40. Judicial review.
31 (a) The affected county, an affected municipality, a
32 resident of the county, or an owner of real property located
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1 in the county is entitled to judicial review under this
2 Section. The provisions of this Section are the exclusive
3 method for judicial review of the growth plan and its urban
4 growth boundaries, planned growth areas, and rural areas.
5 Proceedings for review shall be instituted by filing a
6 petition for review in the circuit court of the affected
7 county. The petition must be filed during a 60-day period
8 after final approval of the urban growth boundaries, planned
9 growth areas, and rural areas by the Department. In
10 accordance with the provisions of the Code of Civil Procedure
11 pertaining to service of process, copies of the petition
12 shall be served upon the Department, the county, and each
13 municipality located in the county.
14 (b) Judicial review shall be de novo and shall be
15 conducted by the circuit court without a jury. The petitioner
16 has the burden of proving, by a preponderance of the
17 evidence, that the urban growth boundaries, planned growth
18 areas, or rural areas are invalid because the adoption or
19 approval of them was granted in an arbitrary, capricious,
20 illegal, or other manner characterized by abuse of official
21 discretion. The filing of the petition for review does not
22 itself stay effectiveness of the urban growth boundaries,
23 planned growth areas, and rural areas; provided, however, the
24 court may order a stay upon appropriate terms if it is shown
25 to the satisfaction of the court that any party or the public
26 at large is likely to suffer significant injury if a stay is
27 not granted. If more than one petition is filed within the
28 county, then all the petitions shall be consolidated and
29 reviewed as a single civil action.
30 (c) If the court finds by a preponderance of the
31 evidence that the urban growth boundaries, planned growth
32 areas, or rural areas are invalid because the adoption or
33 approval of them was granted in an arbitrary, capricious,
34 illegal, or other manner characterized by abuse of official
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1 discretion, an order shall be entered vacating the growth
2 plan, in whole or in part, and remanding the growth plan to
3 the county and the municipalities in order to identify and
4 obtain adoption or approval of urban growth boundaries,
5 planned growth areas, or rural areas in conformance with the
6 procedures set forth within Sections 20, 25, and 30.
7 (d) Any party to the suit, aggrieved by the ruling of
8 the circuit court, may obtain a review of the final judgment
9 of the circuit court by appeal to the Appellate Court in the
10 judicial district in which the circuit court is located.
11 Section 45. Urban growth boundaries; planned growth
12 areas; rural areas.
13 (a) The urban growth boundaries of a municipality must:
14 (1) Identify territory that is reasonably compact
15 yet sufficiently large to accommodate residential and
16 nonresidential growth projected to occur during the next
17 20 years.
18 (2) Identify territory that is contiguous to the
19 existing boundaries of the municipality.
20 (3) Identify territory that a reasonable and
21 prudent person would project as the likely site of
22 high-density commercial, industrial, or residential
23 growth over the next 20 years based on historical
24 experience, economic trends, population growth patterns,
25 topographical characteristics, and, if available,
26 professional planning, engineering, and economic studies.
27 (4) Identify territory in which the municipality is
28 better able and prepared than other municipalities to
29 efficiently and effectively provide urban services.
30 (5) Reflect the municipality's duty to facilitate
31 full development of resources within the current
32 boundaries of the municipality and to manage and control
33 urban expansion outside of the current boundaries taking
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1 into account the impact to agricultural lands, forests,
2 recreational areas, and wildlife management areas.
3 Before formally proposing urban growth boundaries to the
4 coordinating committee, the municipality shall develop and
5 report population growth projections. The projections shall
6 be developed in conjunction with the University of Illinois.
7 The municipality shall also determine and report the current
8 costs and the projected costs of core infrastructure, urban
9 services, and public facilities necessary to facilitate full
10 development of resources within the current boundaries of the
11 municipality and to expand the infrastructure, services, and
12 facilities throughout the territory under consideration for
13 inclusion within the urban growth boundaries. The
14 municipality shall also determine and report on the need for
15 additional land suitable for high-density, industrial,
16 commercial, and residential development, after taking into
17 account all areas within the municipality's current
18 boundaries that can be used, reused, or redeveloped to meet
19 those needs. The municipality shall examine and report on
20 agricultural lands, forests, recreational areas, and wildlife
21 management areas within the territory under consideration for
22 inclusion within the urban growth boundaries and shall
23 examine and report on the likely long-term effects of urban
24 expansion on those agricultural lands, forests, recreational
25 areas, and wildlife management areas.
26 Before the city council of a municipality may propose
27 urban growth boundaries to the coordinating committee, the
28 municipality must hold at least 2 public hearings. Notice of
29 the time, place, and purpose of the public hearing shall be
30 published in a newspaper of general circulation in the
31 municipality not less than 15 days before each hearing.
32 (b) Each planned growth area of a county must:
33 (1) Identify territory that is reasonably compact
34 yet sufficiently large to accommodate residential and
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1 nonresidential growth projected to occur during the next
2 20 years.
3 (2) Identify territory that is not within the
4 existing boundaries of any municipality.
5 (3) Identify territory that a reasonable and
6 prudent person would project as the likely site of
7 high-density or moderate-density commercial, industrial,
8 and residential growth over the next 20 years based on
9 historical experience, economic trends, population growth
10 patterns, topographical characteristics, and, if
11 available, professional planning, engineering, and
12 economic studies.
13 (4) Identify territory that is not contained within
14 urban growth boundaries.
15 (5) Reflect the county's duty to manage natural
16 resources and to manage and control urban growth, taking
17 into account the impact to agricultural lands, forests,
18 recreational areas, and wildlife management areas.
19 Before formally proposing any planned growth area to the
20 coordinating committee, the county shall develop and report
21 population growth projections. The projections shall be
22 developed in conjunction with the University of Illinois. The
23 county shall also determine and report the projected costs of
24 providing urban-type core infrastructure, urban services, and
25 public facilities throughout the territory under
26 consideration for inclusion within the planned growth area as
27 well as the feasibility of recouping the costs by imposition
28 of fees or taxes within the planned growth area. The county
29 shall also determine and report on the need for additional
30 land suitable for high-density industrial, commercial, and
31 residential development after taking into account all areas
32 within the current boundaries of municipalities that can be
33 used, reused, or redeveloped to meet those needs. The county
34 shall also determine and report on the likelihood that the
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1 territory under consideration for inclusion within the
2 planned growth area will eventually incorporate as a new
3 municipality or be annexed. The county shall also examine and
4 report on agricultural lands, forests, recreational areas,
5 and wildlife management areas within the territory under
6 consideration for inclusion within the planned growth area
7 and shall examine and report on the likely long-term effects
8 of urban expansion on those agricultural lands, forests,
9 recreational areas, and wildlife management areas.
10 Before a county board may propose planned growth areas to
11 the coordinating committee, the county must hold at least 2
12 public hearings. Notice of the time, place, and purpose of
13 the public hearing shall be published in a newspaper of
14 general circulation in the county not less than 15 days
15 before each hearing.
16 (c) Each rural area must:
17 (1) Identify territory that is not within urban
18 growth boundaries.
19 (2) Identify territory that is not within a planned
20 growth area.
21 (3) Identify territory that, over the next 20
22 years, is to be preserved as agricultural lands, forests,
23 recreational areas, wildlife management areas, or for
24 uses other than high-density commercial, industrial, or
25 residential development.
26 (4) Reflect the county's duty to manage growth and
27 natural resources in a manner that reasonably minimizes
28 detrimental impact to agricultural lands, forests,
29 recreational areas, and wildlife management areas.
30 Before a county board may propose rural areas to the
31 coordinating committee, the county must hold at least 2
32 public hearings. Notice of the time, place, and purpose of
33 the public hearing shall be published in a newspaper of
34 general circulation in the county not less than 15 days
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1 before each hearing.
2 Section 50. Land use after growth plan approval. After
3 the Department approves a growth plan, all land use decisions
4 made by the county must be consistent with the growth plan.
5 The growth plan shall include, at a minimum, documents
6 describing and depicting municipal corporate limits, as well
7 as urban growth boundaries, planned growth areas, if any, and
8 rural areas, if any. The purpose of a growth plan is to
9 direct the coordinated, efficient, and orderly development of
10 the unit of local government that will, based on an analysis
11 of present and future needs, best promote the public health,
12 safety, morals, and general welfare of the public. A growth
13 plan may address land use, transportation, public
14 infrastructure, housing, and economic development. The goals
15 and objectives of a growth plan include the need to:
16 (1) Provide a unified physical design for the
17 development of the local community.
18 (2) Encourage a pattern of compact and contiguous high
19 density development to be guided into urban areas or planned
20 growth areas.
21 (3) Establish an acceptable and consistent level of
22 public services and community facilities and ensure timely
23 provision of those services and facilities.
24 (4) Promote the adequate provision of employment
25 opportunities and the economic health of the region.
26 (5) Conserve features of significant statewide or
27 regional architectural, cultural, historical, or
28 archaeological interest.
29 (6) Protect life and property from the effects of
30 natural hazards, such as flooding, winds, and wildfires.
31 (7) Take into consideration any other matters that may
32 be logically related to or form an integral part of a plan
33 for the coordinated, efficient and orderly development of the
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1 local community.
2 (8) Provide for a variety of housing choices and assure
3 affordable housing for future population growth.
4 Section 55. Consideration for grants by Department.
5 Upon approval of a county's growth plan by the Department,
6 the Department may give the county additional consideration
7 for any grants that the Department determines by rule. The
8 Department may, by rule, make grant programs unavailable to
9 counties that do not have approved growth plans.
10 Section 60. Home rule. A home rule unit may not adopt a
11 growth plan in a manner that is inconsistent with the
12 provisions of this Act. This Section is a limitation under
13 subsection (i) of Section 6 of Article VII of the Illinois
14 Constitution on the concurrent exercise by home rule units of
15 powers and functions exercised by the State.
16 Section 65. Severability. If any provision of this Act
17 or its application to any person or circumstance is held
18 invalid, the invalidity of that provision or application does
19 not affect other provisions or applications of this Act that
20 can be given effect without the invalid provision or
21 application.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.