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Public Act 104-0162
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| HB0022 Enrolled | LRB104 03136 BDA 13157 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Section 11-12-5 as follows:
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(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5) |
Sec. 11-12-5. Every plan commission and planning |
department authorized by this Division 12 has the following |
powers and whenever in this Division 12 the term plan |
commission is used such term shall be deemed to include the |
term planning department: |
(1) To prepare and recommend to the corporate |
authorities a comprehensive plan for the present and |
future development or redevelopment of the municipality. |
Such plan may be adopted in whole or in separate |
geographical or functional parts, each of which, when |
adopted, shall be the official comprehensive plan, or part |
thereof, of that municipality. This plan may include |
reasonable requirements with reference to streets, alleys, |
public grounds, and other improvements hereinafter |
specified. The plan, as recommended by the plan commission |
and as thereafter adopted in any municipality in this |
state, may be made applicable, by the terms thereof, to |
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land situated within the corporate limits and contiguous |
territory not more than one and one-half miles beyond the |
corporate limits and not included in any municipality. |
Such plan may be implemented by ordinances (a) |
establishing reasonable standards of design for |
subdivisions and for resubdivisions of unimproved land and |
of areas subject to redevelopment in respect to public |
improvements as herein defined; (b) establishing |
reasonable requirements governing the location, width, |
course, and surfacing of public streets and highways, |
alleys, ways for public service facilities, curbs, |
gutters, sidewalks, street lights, parks, playgrounds, |
school grounds, size of lots to be used for residential |
purposes, storm water drainage, water supply and |
distribution, sanitary sewers, and sewage collection and |
treatment; and (c) may designate land suitable for |
annexation to the municipality and the recommended zoning |
classification for such land upon annexation. |
(2) To recommend changes, from time to time, in the |
official comprehensive plan. |
(3) To prepare and recommend to the corporate |
authorities, from time to time, plans for specific |
improvements in pursuance of the official comprehensive |
plan. |
(4) To give aid to the municipal officials charged |
with the direction of projects for improvements embraced |
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within the official plan, to further the making of these |
projects, and, generally, to promote the realization of |
the official comprehensive plan. |
(5) To prepare and recommend to the corporate |
authorities schemes for regulating or forbidding |
structures or activities which may hinder access to solar |
energy necessary for the proper functioning of solar |
energy systems, as defined in Section 1.2 of the |
Comprehensive Solar Energy Act of 1977, or to recommend |
changes in such schemes. |
(6) To exercise such other powers germane to the |
powers granted by this Article as may be conferred by the |
corporate authorities. |
For purposes of implementing ordinances regarding |
developer donations or impact fees, and specifically for |
expenditures thereof, "school grounds" is defined as including |
land or site improvements, which include school buildings or |
other infrastructure, including technological infrastructure, |
necessitated and specifically and uniquely attributed to the |
development or subdivision in question. Developer donations |
and impact fees contemplated in implementing ordinances may |
include amounts to pay for the costs of constructing a new |
school building if the necessity of the new school building is |
specifically and uniquely attributed to the development or |
subdivision and the affected school district certifies the |
necessity and costs. This amendatory Act of the 93rd General |