65 ILCS 5/11-48.2-1A
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-48.2-1A)Sec. 11-48.2-1A.         (1) The development rights of a landmark site are the rights granted  under applicable local law respecting the permissible bulk and size of  improvements erected thereon. Development rights may be calculated in  accordance with such factors as lot area, floor area, floor area ratios,  height limitations, or any other criteria set forth under local law for  this purpose.(2) A preservation restriction is a right, whether or not stated in the  form of a restriction, easement, covenant or condition, in any deed, will  or other instrument executed by or on behalf of the owner of the land or in  any order of taking, appropriate to the preservation of areas, places,  buildings or structures to forbid or limit acts of demolition, alteration,  use or other acts detrimental to the preservation of the areas, places,  buildings or structures in accordance with the purposes of the Division.  Preservation restrictions shall not be unenforceable on account of lack of  privity of estate or contract, or of lack of benefit to particular land or  on account of the benefit being assignable or being assigned.(3) A transfer of development rights is the transfer from a landmark  site of all or a portion of the development rights applicable thereto,  subject to such controls as are necessary to secure the purposes of this  Division. The transfer of development rights pursuant to sound community  planning standards and the other requirements of this Division is hereby  declared to be in accordance with municipal health, safety and welfare  because it furthers the more efficient utilization of urban space at a time  when this objective is made urgent by the shrinking land base of urban  areas, the increasing incidence of large-scale, comprehensive development  in such areas, the evolution of building technology and similar factors.(4) A development rights bank is a reserve into which may be deposited  development rights associated with publicly and privately-owned landmark  sites. Corporate authorities or their designees shall be authorized to  accept for deposit within the bank gifts, donations, bequests or other  transfers of development rights from the owners of said sites, and shall be  authorized to deposit therein development rights associated with (i) the  sites of municipally-owned landmarks and (ii) the sites of privately-owned  landmarks in respect of which the municipality has acquired a preservation  restriction through eminent domain or purchase. All transfers of  development rights from the development rights bank shall be subject to the  requirements of Sections 11-76-1 through 11-76-6 of the Municipal Code of  Illinois, and all receipts arising from the transfers shall be deposited in  a special municipal account to be applied against expenditures necessitated  by the municipal landmarks program.(5) The term, public easement, shall have the same meaning and effects  herein as it has in Article IX, Section 3 of the Illinois Constitution of  1870 and Article IX, Section 4(c) of the Illinois Constitution of 1970.  This amendatory Act of 1971 does not apply to any municipality which is a  home rule unit.    (Source: P.A. 77-1372.)