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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0906eng SB906 Engrossed LRB9105747MWpr 1 AN ACT concerning township plan commissions, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 5-12009 as follows: 7 (55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009) 8 Sec. 5-12009. Variation by board of appeals. The 9 regulations by this Division authorized may provide that a 10 board of appeals may determine and vary their application in 11 harmony with their general purpose and intent and in 12 accordance with general or specific rules therein contained 13 in cases where there are practical difficulties or particular 14 hardship in the way of carrying out the strict letter of any 15 of such regulations relating to the use, construction or 16 alteration of buildings or structures or the use of land; or 17 the regulations by this Division authorized may provide that 18 the county board may, by ordinance or resolution determine 19 and vary their application in harmony with their general 20 purpose and intent and in accordance with general or specific 21 rules therein contained in cases where there are practical 22 difficulties or particular hardship in the way of carrying 23 out the strict letter of any such regulations relating to the 24 use, construction or alteration of buildings or structures or 25 the use of land; however, no such variation shall be made by 26 such county board without a hearing before the board of 27 appeals unless the variation sought is a variation of ten 28 percent or less of the regulations by this Division 29 authorized as to location of structures or as to bulk 30 requirements under such regulations, in which case no public 31 hearing is required and such variation may be granted by the SB906 Engrossed -2- LRB9105747MWpr 1 administrative official charged with the enforcement of any 2 ordinance or resolution adopted pursuant to this Division. 3 Provided, however, that before such variation may be granted, 4 a notice of the intent to grant such variation shall be sent 5 by certified mail to all adjoining landowners. If any 6 adjoining landowner files a written objection with the 7 administrative official within 15 days of receipt of such 8 notice, the variation shall only be considered by the board 9 of appeals in the manner provided in this Section. All other 10 variations sought shall be made only by ordinance, resolution 11 or otherwise in a specific case and after a public hearing 12 before a board of appeals of which there shall be at least 15 13 days notice of the date, time and place of such hearing 14 published in a newspaper of general circulation published in 15 the township or road district in which such property is 16 located. If no newspaper is published in such township or 17 road district, then such notice shall be published in a 18 newspaper of general circulation published in the county and 19 having circulation where such property is located. The notice 20 shall contain: (1) the particular location of the real estate 21 for which the variation is requested by legal description and 22 street address, and if no street address then by locating 23 such real estate with reference to any well-known landmark, 24 highway, road, thoroughfare or intersection; (2) whether or 25 not the petitioner or applicant is acting for himself or in 26 the capacity of agent, alter ego, or representative of a 27 principal, and stating the name and address of the actual and 28 true principal; (3) whether petitioner or applicant is a 29 corporation, and if a corporation, the correct names and 30 addresses of all officers and directors, and of all 31 stockholders or shareholders owning any interest in excess of 32 20% of all outstanding stock of such corporation; (4) whether 33 the petitioner or applicant, or his principal if other than 34 applicant, is a business or entity doing business under an SB906 Engrossed -3- LRB9105747MWpr 1 assumed name, and if so, the name and residence of all true 2 and actual owners of such business or entity; (5) whether the 3 petitioner or applicant is a partnership, joint venture, 4 syndicate or an unincorporated voluntary association, and if 5 so, the names and addresses of all partners, joint venturers, 6 syndicate members or members of the unincorporated voluntary 7 association; and (6) a brief statement of what the proposed 8 variation consists. 9 The costs or charges of the publication notice by this 10 Section required shall be paid by the petitioner or 11 applicant. 12 Where a variation is to be made by ordinance or 13 resolution, upon the report of the board of appeals such 14 county board may by ordinance or resolution without further 15 public hearing adopt any proposed variation or may refer it 16 back to the board of appeals for further consideration and 17 any proposed variation which fails to receive the approval of 18 the board of appeals shall not be passed except by the 19 favorable vote of 3/4 of all the members of the county board, 20 but in counties in which the county board consists of 3 21 members only a 2/3 vote is required. Every such variation, 22 whether made by the board of appeals directly or by ordinance 23 or resolution after a hearing before a board of appeals shall 24 be accompanied by a finding of fact specifying the reason for 25 making such variation. 26 If a township located within a county with a population 27 of less than 600,000 or more than 3,000,000 has a plan 28 commission, and the plan commission objects to a zoning 29 variation which affects unincorporated areas of the township, 30 the township board of trustees within 15 days after the 31 public hearing before the board of appeals on such zoning 32 variation, may submit its written objections to the county 33 board of the county where the unincorporated areas of the 34 township are located. In such case, the county board shall SB906 Engrossed -4- LRB9105747MWpr 1 not approve the zoning variation, except by the favorable 2 vote of 3/4 of all members of the county board. 3 Appeals from final zoning decisions of the County Board 4 must be filed within one year unless a shorter filing period 5 is required by another law. 6 (Source: P.A. 89-272, eff. 8-10-95.) 7 Section 10. The Township Code is amended by changing 8 Section 105-35 as follows: 9 (60 ILCS 1/105-35) 10 Sec. 105-35. Township plan commission. 11 (a) In townships with a population of more than 500 12 located in counties with a population of less than 600,000 or 13 more than 3,000,000, the township board may by resolution 14 create a township plan commission. The commission shall 15 consist of 5 members appointed by the township supervisor 16 with the advice and consent of the township board. Their 17 terms of office shall be prescribed by the township board. 18 The township supervisor shall designate one of the members as 19 chairman, and the plan commission may appoint other officers 20 it deems necessary and appropriate. The township board may 21 authorize a plan commission to have necessary staff and shall 22 pay the expenses of that staff. 23 (b) Every township plan commission may have the 24 following powers and duties: 25 (1) The commission may prepare and recommend to the 26 township board a comprehensive plan for the present and 27 future development or redevelopment of the unincorporated 28 areas of the township. The plan may be adopted in whole 29 or in separate geographical or functional parts, each of 30 which, when adopted, shall be the official plan, or part 31 of the official plan, of that township. The plan may 32 include reasonable requirements with reference to SB906 Engrossed -5- LRB9105747MWpr 1 streets, alleys, public grounds, and other improvements 2 specified in this Section. The plan may recommend (i) 3 establishing reasonable standards of design for 4 subdivisions and for resubdivisions of unimproved land 5 and of areas subject to redevelopment with respect to 6 public improvements as defined in this Section and (ii) 7 establishing reasonable requirements governing the 8 location, width, course, and surfacing of public streets 9 and highways, alleys, ways for public service facilities, 10 curbs, gutters, sidewalks, street lights, parks, 11 playgrounds, school grounds, size of lots to be used for 12 residential purposes, storm water drainage, water supply 13 and distribution, sanitary sewers, and sewage collection 14 and treatment. 15 (2) The commission may from time to time recommend 16 changes in the official comprehensive plan. 17 (3) The commission may from time to time prepare 18 and recommend to the township authorities plans for 19 specific improvements in pursuance of the official 20 comprehensive plan. 21 (4) The commission may give aid to the officials 22 charged with the direction of projects for improvements 23 embraced within the official plan to further the making 24 of these projects and, generally, may promote the 25 realization of the official comprehensive plan. 26 (5) The commission may prepare and recommend to the 27 township board schemes for regulating or forbidding 28 structures or activities in unincorporated areas that may 29 hinder access to solar energy necessary for the proper 30 functioning of solar energy systems, as defined in 31 Section 1.2 of the Comprehensive Solar Energy Act of 32 1977, or may recommend changes in those schemes. 33 (6) The commission may exercise other powers 34 germane to the powers granted by this Section that are SB906 Engrossed -6- LRB9105747MWpr 1 conferred by the township board. 2 (c) If the county in which the township is located has 3 adopted a county zoning ordinance under Division 5-12 of the 4 Counties Code, the recommendations of the township plan 5 commission may be presented by the township board to the 6 county board of that county. 7 (Source: P.A. 86-1480; 86-1489; 87-435; 88-62.)