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Illinois Planning News, Edition 98
Paula Freeze, Editor |
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Legislative Update
by Sharon Caddigan,
AICP, APA-IL Legislative Chair
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The veto session has passed. Everyone has gone home. And, they will not return until January 12, 2010. What incredibly important work was accomplished in those last heady days? Here’s a round-up of some of their more interesting work.
On the useful side, the legislature did promote some positive regulations by encouraging LEEDS certification elements, creating an Urban Development Authority, allowing municipalities to address empty condos, promoting the STAR line project, and funding a pilot program to redevelop vacant commercial buildings:
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Inclusion of LEEDS Certified Construction Elements in Project Costs – PA96-0630
This Act provides that "redevelopment project costs" include any direct or indirect costs relating to LEED certified construction elements. It provides, among other things, that "LEED certified" means any certification level of construction elements by a qualified Leadership in Energy and Environmental Design Accredited Professional as determined by the U.S. Green Building Council. Effective January 1, 2010.
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Creates the Urban Development Authority Act – PA96-0234
This Act creates the Urban Development Authority to be governed by an 11-member board. It provides for the board to make annual reports, sets forth the powers and duties, and makes the Illinois Finance Authority the body that supervises bond issuances of the Authority. Effective January 1, 2010.
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Distressed Condominiums – PA96-0174
This Act amends the Condominium Property Act to provide procedures for municipalities to file a petition in the circuit court to appoint a receiver to manage or sell distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Effective January 1, 2010.
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TIF Transportation Projects – PA96-0680
This Act amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code by providing that a redevelopment project area may include areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR line) station, if the costs are related to the existing or proposed STAR line station, without a finding that the area is classified as an “industrial park conservation area,” a “conservation area,” or a “blighted area.” The municipality must receive the unanimous consent of the joint review board. Effective August 25, 2009.
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Vacant Building Loans – PA96-0296
This Act allows the Department of Commerce and Economic Opportunity to implement and administer a pilot program during fiscal years 2010 and 2011 to encourage businesses to restore, refurbish, and retrofit existing buildings that have been vacant for at least 90 continuous days so that a business is able to occupy the building as a retail, professional, corporate, manufacturing, assembly, or distribution business. Effective July 1, 2009.
Of course, they couldn’t help themselves getting involved in other land-use matters such as extending extraterritorial jurisdiction and regulating setbacks:
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Annexation Agreements – PA96-0188
This new Act provides that, except for Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will counties, if property is subject to an annexation agreement and located more than 1.5 miles from the corporate boundaries of the annexing municipality, that property is subject to the ordinances, control, and jurisdiction of the annexing municipality unless the county board retains jurisdiction by the affirmative vote of two-thirds of its members. This procedure now exists within Boone, DeKalb, Grundy, Kankakee, Kendall, LaSalle, Ogle, and Winnebago counties. The bill expands this procedure to the remaining 86 counties. This Act was an attempt to resolve a
dispute between Sangamon County and the Village of Chatham. Effective August 10, 2009.
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Limiting Setback Requirements for Wind Towers – PA96-0306
This Act provides that a county or municipality, including a home rule unit, may not require a wind tower or other renewable energy system, which is used exclusively by an end user, to be setback more than 1.1 times the height of the renewable energy system from the end user's property line. Effective January 1, 2010
Under the “not quite sure why they bothered” file, the legislature now requires the Capital Development Board to adopt a commercial building code, but…if you really don’t want to use it…oh well…never mind:
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Commercial Building Code – PA96-0704
This Act requires the Capital Development Board to adopt a commercial building code for areas of the state that are not within a jurisdiction that has a building code. Municipalities will not be required to adopt, administer and enforce a building code. Nothing in the amendment prohibits a municipality that is currently without a building code from adopting its own code at any point in the future. This language will not affect those municipalities that have existing building codes. Effective January 1, 2010.
And, there are some exciting new requirements just for municipalities! Did you know that you must now post information on ADA Coordinators, ensure where your flags are made, and be mindful of pigeons (unless, of course, you live in Cook County, which must already have law-abiding and orderly pigeons)?
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Municipal Posting of Americans with Disabilities Act Coordinator – PA96-0650
This new Act requires counties, townships and municipalities to post information pertaining to their Americans with Disabilities Act (ADA) Coordinator on their website. Grievance procedures for handling complaints must also be posted. If the unit of local government does not maintain a website, then the information must be published in a newspaper or a newsletter. Effective January 1, 2010.
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United States Flag Act – PA96-0513
This Act creates the Official United States Flag Act, providing that each agency of the State government and each unit of local government shall ensure that each United States flag that is flown at each building, structure, or facility that is owned or occupied entirely by the agency or unit of local government is manufactured in the United States. Effective January 1, 2010.
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Regulation of Pigeons – PA96-0646
This Act provides that a municipality in a county other than Cook County may not enact an ordinance to prohibit the orderly keeping of carrier, racing, hobby, or show pigeons. Also, this legislation provides that a county other than Cook County shall not enact an ordinance that prohibits the orderly keeping of carrier pigeons; however it does provides that all municipalities are allowed to regulate the orderly keeping of carrier, racing, hobby, or show pigeons. Effective August 24, 2009.
Our legislature at its finest – protecting us from errant pigeons and foreign flags!
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Sharon Caddigan, AICP
Village of Streamwood
301 E. Irving Park Road
Streamwood, IL 60107-3096
Phone: 630.837.0200 ext 350
Fax: 630.837.5960
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ILAPA News BLAST!
Illinois Planning News
Official Bi-Monthly Newsletter of the Illinois Chapter of the American
Planning Association
http://www.ilapa.org
Paula Freeze, Editor
editor@ilapa.org
THE ILAPA NEWS BLAST!
IS THE BI-MONTHLY NEWSLETTER OF
THE ILLINOIS CHAPTER OF THE AMERICAN PLANNING ASSOCIATION. OPINIONS
EXPRESSED IN THE ARTICLES OF THIS NEWSLETTER ARE NOT NECESSARILY THE
OPINIONS OF THE ILLINOIS CHAPTER, THE AMERICAN PLANNING ASSOCIATION,
OR THE EDITOR.
THE ILAPA NEWS BLAST!
HAS A CIRCULATION OF
APPROXIMATELY 1,500. |
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