(50 ILCS 805/1) (from Ch. 85, par. 5801)
Sec. 1.
This Act shall be known and may be cited as the Local Land Resource Management Planning Act.
(Source: P.A. 84-865.)
(50 ILCS 805/2) (from Ch. 85, par. 5802)
Sec. 2.
Findings and purpose.
(a) It is the purpose of this Act to
encourage municipalities and
counties to protect the land, air, water, natural resources
and environment of the State and to encourage the use of such resources
in a manner which is socially and economically desirable through the adoption
of joint or compatible Local Land Resource Management Plans.
The powers granted in this Act are intended to supplement other lawful
authority and not to repeal or limit such authority.
(b) When a municipality or a county has acted according to this
Act, they are furthering the policy of the State in land resource
management. It is the intent of this Act for such units of local
government to be immune from liability under federal antitrust laws.
(Source: P.A. 84-865.)
(50 ILCS 805/3) (from Ch. 85, par. 5803)
Sec. 3. Definitions. As used in this Act, the following words and
phrases have the following meanings:
A. “Department” means the Department of Commerce and Economic Opportunity.
B. “Local Land Resource Management Plan”
means a map of existing and generalized proposed land
use and a policy statement in the form of words, numbers,
illustrations, or other symbols of communication adopted by the municipal
and county governing bodies. The Local Land Resource Management Plan may
interrelate functional, visual and natural systems and activities relating
to the use of land. It shall include but not be limited to sewer and water
systems, energy distribution systems, recreational facilities, public safety
facilities and their relationship to natural resources, air, water and land
quality management or conservation programs within its jurisdiction. Such
a plan shall be deemed to be “joint or compatible” when so declared by joint
resolution of the affected municipality and county, or when separate plans
have been referred to the affected municipality or county for review and
suggestions, and such suggestions have been duly considered by the adopting
jurisdiction and a reasonable basis for provisions of a plan that are contrary
to the suggestions is stated in a resolution of the adopting jurisdiction.
C. “Land” means the earth, water and air, above, below or on the surface,
and including any improvements or structures customarily regarded as land.
D. “Municipality” means any city, village or incorporated town.
E. “Unit of local government” means any county, municipality, township
or special district which exercises limited governmental functions or provides
services in respect to limited governmental subjects.
(Source: P.A. 94-793, eff. 5-19-06.)
(50 ILCS 805/4) (from Ch. 85, par. 5804)
Sec. 4.
Local Land Resource Management Plans.
A municipality or
county, either independently, or jointly or compatibly by intergovernmental
agreement pursuant to Section 6, may adopt Local Land Resource Management
Plans. Such plans may include goals and procedures for resolving conflicts
in relation to the following objectives:
(1) Agricultural Preservation – to preserve and maintain the productivity
of agricultural lands;
(2) Air and Land Resources Quality – to ensure that air and land resource
quality meet or exceed legally established standards;
(3) Archaeological, Cultural, and Historic Places – to identify and preserve
with integrity archaeological, cultural, and historic places;
(4) Areas Subject to Natural Disasters and Hazards – to identify, document,
publicize, and establish the best safe usage for land subject to natural
disasters and hazards, including flooding;
(5) Economy of the Area – to create an environment for viable economic activity;
(6) Energy Conservation – to provide programs for energy conservation;
(7) Forest Lands – to conserve forest lands;
(8) Governmental Cooperation – to provide opportunity for cooperation
with other units of government;
(9) Housing – to provide for the housing needs of existing and anticipated
residents of the municipality;
(10) Natural Resources – to conserve natural resources;
(11) Open Spaces – to conserve open spaces;
(12) Public Facilities and Services – to provide public facilities and
services in a healthful and economical manner;
(13) Recreational Needs – to provide
recreational space and opportunities;
(14) Transportation – to encourage safe and efficient public transit and
private automobile usage;
(15) Urban Design – to provide programs for the enhancement of the visual environment;
(16) Water – to ensure good quality and quantity of water resources;
(17) Citizen Involvement – to develop a citizen involvement program that
ensures the opportunity for citizens to be involved in the preparation of
the Local Land Resource Management Plan;
(18) Data Collection – to develop and maintain data on existing social,
economic and physical conditions including analysis of municipal
needs, and demographic projections to provide current information
for decisions and action.
(Source: P.A. 84-865.)
(50 ILCS 805/5) (from Ch. 85, par. 5805)
Sec. 5.
Implementation Requirements.
Municipalities or counties that
have adopted Local Land Resource Management Plans and that wish to
receive planning grants and to use the additional powers and authorities
established under this Act shall also adopt:
(1) Implementing ordinances and zoning and
subdivision ordinances as authorized by law and by this Act;
(2) A 3 year capital improvement and maintenance program for the
jurisdictions considering reasonably anticipated growth and designed to
accommodate contiguous development;
(3) A statement of goals which shall be compatible with the local
situation of the municipality or county; and
(4) A system and timetable to review and update the
plans at least once every 10 years.
In the case of municipalities and counties that have adopted joint or
compatible plans, such ordinances and programs shall be parallel and
coordinated between the local jurisdictions.
(Source: P.A. 84-865.)
(50 ILCS 805/6) (from Ch. 85, par. 5806)
Sec. 6.
Intergovernmental Agreements.
A municipality or county may
enter into and enforce intergovernmental agreements for joint or compatible
planning, local land resource management administration and zoning
ordinance enforcement with counties, municipalities and other units of
State and local government notwithstanding general statutory limitations
concerning county and municipal zoning.
(Source: P.A. 84-865.)
(50 ILCS 805/7) (from Ch. 85, par. 5807)
Sec. 7.
Implementing Ordinances.
Municipalities and counties acting
pursuant to this Act, either independently, jointly or compatibly by
intergovernmental agreement pursuant to Section 6, may adopt ordinances to
implement Local Land Resource Management Plans.
(Source: P.A. 84-865.)
(50 ILCS 805/8) (from Ch. 85, par. 5808)
Sec. 8. Planning Grants.
(a) The Department of Commerce and Economic Opportunity may make annual grants to counties and municipalities to develop,
update, administer and implement Local Land Resource Management Plans, as
defined in this Act.
(b) A recipient local government may receive an initial grant to develop
a plan after filing a resolution of intent to develop a plan. The plan
shall be completed within 18 months of the receipt of the grant.
(c) The amount of the initial grant and the annual grant to be received
by the recipient shall be based on the most recent updated U. S. Census
at a rate of one dollar per person, but shall not be less than $20,000 and
shall not exceed $100,000 per fiscal year.
(d) The Department of Commerce and Economic Opportunity may promulgate such
rules and regulations establishing procedures for determining entitlement
and eligible uses of such grants as it deems necessary for the purposes of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(50 ILCS 805/9) (from Ch. 85, par. 5809)
Sec. 9.
Resolution of Disputes.
Should a dispute occur between any
adversely affected persons or governmental units concerning any part of this
Act, the circuit court in which the municipality is located has jurisdiction
to determine the reasonableness of the action or inaction complained of.
The court shall take under consideration any evidence of State, county
or regional plans, the objectives of this Act, and all relevant facts presented
by adversely affected persons, municipalities, State agencies, or units
of local government.
(Source: P.A. 84-865.)