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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||
5 | changing Section 11-74.4-3 as follows:
| |||||||||||||||||||
6 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
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7 | Sec. 11-74.4-3. Definitions. The following terms, wherever | |||||||||||||||||||
8 | used or
referred to in this Division 74.4 shall have the | |||||||||||||||||||
9 | following respective meanings,
unless in any case a different | |||||||||||||||||||
10 | meaning clearly appears from the context.
| |||||||||||||||||||
11 | (a) For any redevelopment project area that has been | |||||||||||||||||||
12 | designated pursuant
to this
Section by an ordinance adopted | |||||||||||||||||||
13 | prior to November 1, 1999 (the effective
date of Public Act
| |||||||||||||||||||
14 | 91-478), "blighted area" shall have the meaning set
forth in | |||||||||||||||||||
15 | this Section
prior to that date.
| |||||||||||||||||||
16 | On and after November 1, 1999,
"blighted area" means any | |||||||||||||||||||
17 | improved or vacant area within the boundaries
of a | |||||||||||||||||||
18 | redevelopment project area located within the territorial | |||||||||||||||||||
19 | limits of
the municipality where:
| |||||||||||||||||||
20 | (1) If improved, industrial, commercial, and | |||||||||||||||||||
21 | residential buildings or
improvements are detrimental to | |||||||||||||||||||
22 | the public safety, health, or welfare
because of a | |||||||||||||||||||
23 | combination of 5 or more of the following factors, each of |
| |||||||
| |||||||
1 | which
is (i) present, with that presence documented, to a | ||||||
2 | meaningful extent so
that a municipality may reasonably | ||||||
3 | find that the factor is clearly
present within the intent | ||||||
4 | of the Act and (ii) reasonably distributed throughout
the | ||||||
5 | improved part of the redevelopment project area:
| ||||||
6 | (A) Dilapidation. An advanced state of disrepair | ||||||
7 | or neglect of
necessary
repairs to the primary | ||||||
8 | structural components of buildings or improvements in
| ||||||
9 | such a combination that a documented building | ||||||
10 | condition analysis determines
that major repair is | ||||||
11 | required or the defects are so serious and so | ||||||
12 | extensive
that the buildings must be removed.
| ||||||
13 | (B) Obsolescence. The condition or process of | ||||||
14 | falling into disuse.
Structures have become ill-suited | ||||||
15 | for the original use.
| ||||||
16 | (C) Deterioration. With respect to buildings, | ||||||
17 | defects
including, but not limited to, major defects | ||||||
18 | in
the secondary building components such as doors, | ||||||
19 | windows, porches, gutters and
downspouts, and fascia. | ||||||
20 | With respect to surface improvements, that the
| ||||||
21 | condition of roadways, alleys, curbs, gutters, | ||||||
22 | sidewalks, off-street parking,
and surface storage | ||||||
23 | areas evidence deterioration, including, but not | ||||||
24 | limited
to, surface cracking, crumbling, potholes, | ||||||
25 | depressions, loose paving material,
and weeds | ||||||
26 | protruding through paved surfaces.
|
| |||||||
| |||||||
1 | (D) Presence of structures below minimum code | ||||||
2 | standards. All structures
that do not meet the | ||||||
3 | standards of zoning, subdivision, building, fire, and
| ||||||
4 | other governmental codes applicable to property, but | ||||||
5 | not including housing and
property maintenance codes.
| ||||||
6 | (E) Illegal use of individual structures. The use | ||||||
7 | of structures in
violation of applicable federal, | ||||||
8 | State, or local laws, exclusive of those
applicable to | ||||||
9 | the presence of structures below minimum code | ||||||
10 | standards.
| ||||||
11 | (F) Excessive vacancies. The presence of
buildings | ||||||
12 | that are unoccupied or under-utilized and that | ||||||
13 | represent an adverse
influence on the area because of | ||||||
14 | the frequency, extent, or duration of the
vacancies.
| ||||||
15 | (G) Lack of ventilation, light, or sanitary | ||||||
16 | facilities. The absence of
adequate ventilation for | ||||||
17 | light or air circulation in spaces or rooms without
| ||||||
18 | windows, or that require the removal of dust, odor, | ||||||
19 | gas, smoke, or other
noxious airborne materials. | ||||||
20 | Inadequate natural light and ventilation means
the | ||||||
21 | absence of skylights or windows for interior spaces or | ||||||
22 | rooms and improper
window sizes and amounts by room | ||||||
23 | area to window area ratios. Inadequate
sanitary | ||||||
24 | facilities refers to the absence or inadequacy of | ||||||
25 | garbage storage and
enclosure,
bathroom facilities, | ||||||
26 | hot water and kitchens, and structural inadequacies
|
| |||||||
| |||||||
1 | preventing ingress and egress to and from all rooms | ||||||
2 | and units within a
building.
| ||||||
3 | (H) Inadequate utilities. Underground and overhead | ||||||
4 | utilities
such as storm sewers and storm drainage, | ||||||
5 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
6 | electrical services that are shown to be inadequate. | ||||||
7 | Inadequate utilities are
those that are: (i) of | ||||||
8 | insufficient capacity to serve the uses in the
| ||||||
9 | redevelopment project area, (ii) deteriorated,
| ||||||
10 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
11 | lacking within the
redevelopment project area.
| ||||||
12 | (I) Excessive land coverage and overcrowding of | ||||||
13 | structures and community
facilities. The | ||||||
14 | over-intensive use of property and the crowding of | ||||||
15 | buildings
and accessory facilities onto a site. | ||||||
16 | Examples of problem conditions
warranting the | ||||||
17 | designation of an area as one exhibiting excessive | ||||||
18 | land coverage
are: (i) the presence of buildings | ||||||
19 | either improperly situated on parcels or
located
on | ||||||
20 | parcels of inadequate size and shape in relation to | ||||||
21 | present-day standards of
development for health and | ||||||
22 | safety and (ii) the presence of multiple buildings
on | ||||||
23 | a
single parcel. For there to be a finding of excessive | ||||||
24 | land coverage,
these parcels must exhibit one or more | ||||||
25 | of the following conditions:
insufficient provision | ||||||
26 | for
light and air within or around buildings, |
| |||||||
| |||||||
1 | increased threat of spread of fire
due to the close | ||||||
2 | proximity of buildings, lack of adequate or proper | ||||||
3 | access to a
public right-of-way, lack of reasonably | ||||||
4 | required off-street parking, or
inadequate provision | ||||||
5 | for loading and service.
| ||||||
6 | (J) Deleterious land use or layout. The existence | ||||||
7 | of incompatible
land-use
relationships, buildings | ||||||
8 | occupied by inappropriate mixed-uses, or uses
| ||||||
9 | considered to be noxious, offensive, or unsuitable for | ||||||
10 | the
surrounding area.
| ||||||
11 | (K) Environmental clean-up. The proposed | ||||||
12 | redevelopment project area
has incurred Illinois | ||||||
13 | Environmental Protection Agency or United States
| ||||||
14 | Environmental Protection Agency remediation costs for, | ||||||
15 | or a study conducted by
an independent consultant | ||||||
16 | recognized as having expertise in environmental
| ||||||
17 | remediation has determined a need for, the
clean-up of | ||||||
18 | hazardous
waste, hazardous substances, or underground | ||||||
19 | storage tanks required by State or
federal law, | ||||||
20 | provided that the remediation costs constitute a | ||||||
21 | material
impediment to the development or | ||||||
22 | redevelopment of the redevelopment project
area.
| ||||||
23 | (L) Lack of community planning. The proposed | ||||||
24 | redevelopment project area
was
developed prior to or | ||||||
25 | without the benefit or guidance of a community plan.
| ||||||
26 | This means that the development occurred prior to the |
| |||||||
| |||||||
1 | adoption by the
municipality of a comprehensive or | ||||||
2 | other community plan or that the plan was
not followed | ||||||
3 | at the time of the area's development. This factor | ||||||
4 | must be
documented by evidence of adverse or | ||||||
5 | incompatible land-use relationships,
inadequate street | ||||||
6 | layout, improper subdivision, parcels of inadequate | ||||||
7 | shape and
size to meet contemporary development | ||||||
8 | standards, or other evidence
demonstrating
an absence | ||||||
9 | of effective community planning.
| ||||||
10 | (M) The total equalized assessed value of the | ||||||
11 | proposed redevelopment
project area has declined for 3 | ||||||
12 | of the last 5 calendar years
prior to the year in which | ||||||
13 | the redevelopment project area is designated
or is | ||||||
14 | increasing at an
annual rate that is less
than the | ||||||
15 | balance of the municipality for 3 of the last 5 | ||||||
16 | calendar years
for which
information is available or | ||||||
17 | is increasing at an annual rate that is less than
the | ||||||
18 | Consumer Price Index
for All Urban Consumers published | ||||||
19 | by the United States Department of Labor or
successor | ||||||
20 | agency for 3 of the last 5 calendar years
prior to the | ||||||
21 | year in which the redevelopment project area is | ||||||
22 | designated.
| ||||||
23 | (2) If vacant, the sound growth of the redevelopment | ||||||
24 | project area
is impaired by a
combination of 2 or more of | ||||||
25 | the following factors, each of which
is (i) present, with | ||||||
26 | that presence documented, to a meaningful extent so
that
a |
| |||||||
| |||||||
1 | municipality may reasonably find that the factor is | ||||||
2 | clearly present
within the intent of the Act and (ii) | ||||||
3 | reasonably distributed throughout the
vacant part of the
| ||||||
4 | redevelopment project area to which it pertains:
| ||||||
5 | (A) Obsolete platting of vacant land that results | ||||||
6 | in parcels of
limited or
narrow size or configurations | ||||||
7 | of parcels of irregular size or shape that would
be | ||||||
8 | difficult to develop on
a planned basis and in a manner | ||||||
9 | compatible with contemporary standards and
| ||||||
10 | requirements, or platting that failed to create | ||||||
11 | rights-of-ways for streets or
alleys or that created | ||||||
12 | inadequate right-of-way widths for streets, alleys, or
| ||||||
13 | other public rights-of-way or that omitted easements | ||||||
14 | for public utilities.
| ||||||
15 | (B) Diversity of ownership of parcels of vacant | ||||||
16 | land sufficient in
number to
retard or impede the | ||||||
17 | ability to assemble the land for development.
| ||||||
18 | (C) Tax and special assessment delinquencies exist | ||||||
19 | or the property has
been the subject of tax sales under | ||||||
20 | the Property Tax Code within the last 5
years.
| ||||||
21 | (D) Deterioration of structures or site | ||||||
22 | improvements in neighboring
areas adjacent to the | ||||||
23 | vacant land.
| ||||||
24 | (E) The area has incurred Illinois Environmental | ||||||
25 | Protection Agency or
United States Environmental | ||||||
26 | Protection Agency remediation costs for, or a study
|
| |||||||
| |||||||
1 | conducted by an independent consultant recognized as | ||||||
2 | having expertise in
environmental remediation has | ||||||
3 | determined a need for, the
clean-up of hazardous
| ||||||
4 | waste, hazardous substances, or underground storage | ||||||
5 | tanks required by State or
federal law, provided that | ||||||
6 | the remediation costs
constitute a material impediment | ||||||
7 | to the development or redevelopment of
the
| ||||||
8 | redevelopment project area.
| ||||||
9 | (F) The total equalized assessed value of the | ||||||
10 | proposed redevelopment
project area has declined for 3 | ||||||
11 | of the last 5 calendar years
prior to the year in which | ||||||
12 | the redevelopment project area is designated
or is | ||||||
13 | increasing at an
annual rate that is less
than the | ||||||
14 | balance of the municipality for 3 of the last 5 | ||||||
15 | calendar years for
which information is available or | ||||||
16 | is increasing at an annual rate that is less
than
the | ||||||
17 | Consumer Price Index
for All Urban Consumers published | ||||||
18 | by the United States Department of Labor or
successor | ||||||
19 | agency for 3 of the last 5 calendar years
prior to the | ||||||
20 | year in which the redevelopment project area is | ||||||
21 | designated.
| ||||||
22 | (3) If vacant, the sound growth of the redevelopment | ||||||
23 | project area is
impaired by one of the
following factors | ||||||
24 | that (i) is present, with that presence documented, to a
| ||||||
25 | meaningful extent so that a municipality may reasonably | ||||||
26 | find that the factor is
clearly
present within the intent |
| |||||||
| |||||||
1 | of the Act and (ii) is reasonably distributed
throughout | ||||||
2 | the vacant part of the
redevelopment project area to which | ||||||
3 | it pertains:
| ||||||
4 | (A) The area consists of one or more unused | ||||||
5 | quarries, mines, or strip
mine ponds.
| ||||||
6 | (B) The area consists of unused rail yards, rail | ||||||
7 | tracks, or railroad
rights-of-way.
| ||||||
8 | (C) The area, prior to its designation, is subject | ||||||
9 | to (i) chronic
flooding
that adversely impacts on real | ||||||
10 | property in the area as certified by a
registered
| ||||||
11 | professional engineer or appropriate regulatory agency | ||||||
12 | or (ii) surface water
that
discharges from all or a | ||||||
13 | part of the area and contributes to flooding within
| ||||||
14 | the
same watershed, but only if the redevelopment | ||||||
15 | project provides for facilities
or
improvements to | ||||||
16 | contribute to the alleviation of all or part of the
| ||||||
17 | flooding.
| ||||||
18 | (D) The area consists of an unused or illegal | ||||||
19 | disposal site containing
earth,
stone, building | ||||||
20 | debris, or similar materials that were removed from
| ||||||
21 | construction, demolition, excavation, or dredge sites.
| ||||||
22 | (E) Prior to November 1, 1999, the area
is not less | ||||||
23 | than 50 nor more than 100 acres and 75%
of which is | ||||||
24 | vacant (notwithstanding that the area has been used
| ||||||
25 | for commercial agricultural purposes within 5 years | ||||||
26 | prior to the designation
of the redevelopment project |
| |||||||
| |||||||
1 | area), and the area meets at least one of
the factors | ||||||
2 | itemized in paragraph (1) of this subsection, the area
| ||||||
3 | has been designated as a town or village center by | ||||||
4 | ordinance or comprehensive
plan adopted prior to | ||||||
5 | January 1, 1982, and the area has not been developed
| ||||||
6 | for that designated purpose.
| ||||||
7 | (F) The area qualified as a blighted improved area | ||||||
8 | immediately prior to
becoming vacant, unless there has | ||||||
9 | been substantial private investment in the
immediately | ||||||
10 | surrounding area.
| ||||||
11 | (b) For any redevelopment project area that has been | ||||||
12 | designated pursuant
to this
Section by an ordinance adopted | ||||||
13 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
14 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
15 | in this
Section prior to that date.
| ||||||
16 | On and after November 1, 1999,
"conservation area" means | ||||||
17 | any improved area within the boundaries
of a redevelopment | ||||||
18 | project area located within the territorial limits of
the | ||||||
19 | municipality in which 50% or more of the structures in the area | ||||||
20 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
21 | blighted area but
because of a combination of 3 or more of the | ||||||
22 | following factors is detrimental
to the public safety, health, | ||||||
23 | morals
or welfare and such an area may become a blighted area:
| ||||||
24 | (1) Dilapidation. An advanced state of disrepair or | ||||||
25 | neglect of
necessary
repairs to the primary structural | ||||||
26 | components of buildings or improvements in
such a |
| |||||||
| |||||||
1 | combination that a documented building condition analysis | ||||||
2 | determines
that major repair is required or the defects | ||||||
3 | are so serious and so extensive
that the buildings must be | ||||||
4 | removed.
| ||||||
5 | (2) Obsolescence. The condition or process of falling | ||||||
6 | into disuse.
Structures have become ill-suited for the | ||||||
7 | original use.
| ||||||
8 | (3) Deterioration. With respect to buildings, defects
| ||||||
9 | including, but not limited to, major defects in
the | ||||||
10 | secondary building components such as doors, windows, | ||||||
11 | porches, gutters and
downspouts, and fascia. With respect | ||||||
12 | to surface improvements, that the
condition of roadways, | ||||||
13 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
14 | surface storage areas evidence deterioration, including, | ||||||
15 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
16 | depressions, loose paving material,
and weeds protruding | ||||||
17 | through paved surfaces.
| ||||||
18 | (4) Presence of structures below minimum code | ||||||
19 | standards. All structures
that do not meet the standards | ||||||
20 | of zoning, subdivision, building, fire, and
other | ||||||
21 | governmental codes applicable to property, but not | ||||||
22 | including housing and
property maintenance codes.
| ||||||
23 | (5) Illegal use of individual structures. The use of | ||||||
24 | structures in
violation of applicable federal, State, or | ||||||
25 | local laws, exclusive of those
applicable to the presence | ||||||
26 | of structures below minimum code standards.
|
| |||||||
| |||||||
1 | (6) Excessive vacancies. The presence of
buildings | ||||||
2 | that are unoccupied or under-utilized and that represent | ||||||
3 | an adverse
influence on the area because of the frequency, | ||||||
4 | extent, or duration of the
vacancies.
| ||||||
5 | (7) Lack of ventilation, light, or sanitary | ||||||
6 | facilities. The absence of
adequate ventilation for light | ||||||
7 | or air circulation in spaces or rooms without
windows, or | ||||||
8 | that require the removal of dust, odor, gas, smoke, or | ||||||
9 | other
noxious airborne materials. Inadequate natural light | ||||||
10 | and ventilation means
the absence or inadequacy of | ||||||
11 | skylights or windows for interior spaces or rooms
and | ||||||
12 | improper
window sizes and amounts by room area to window | ||||||
13 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
14 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
15 | bathroom facilities, hot water and kitchens, and | ||||||
16 | structural inadequacies
preventing ingress and egress to | ||||||
17 | and from all rooms and units within a
building.
| ||||||
18 | (8) Inadequate utilities. Underground and overhead | ||||||
19 | utilities
such as storm sewers and storm drainage, | ||||||
20 | sanitary sewers, water lines, and gas,
telephone, and
| ||||||
21 | electrical services that are shown to be inadequate. | ||||||
22 | Inadequate utilities are
those that are: (i) of | ||||||
23 | insufficient capacity to serve the uses in the
| ||||||
24 | redevelopment project area, (ii) deteriorated,
antiquated, | ||||||
25 | obsolete, or in disrepair, or (iii) lacking within the
| ||||||
26 | redevelopment project area.
|
| |||||||
| |||||||
1 | (9) Excessive land coverage and overcrowding of | ||||||
2 | structures and community
facilities. The over-intensive | ||||||
3 | use of property and the crowding of buildings
and | ||||||
4 | accessory facilities onto a site. Examples of problem | ||||||
5 | conditions
warranting the designation of an area as one | ||||||
6 | exhibiting excessive land coverage
are: the presence of | ||||||
7 | buildings either improperly situated on parcels or located
| ||||||
8 | on parcels of inadequate size and shape in relation to | ||||||
9 | present-day standards of
development for health and safety | ||||||
10 | and the presence of multiple buildings on a
single parcel. | ||||||
11 | For there to be a finding of excessive land coverage,
| ||||||
12 | these parcels must exhibit one or more of the following | ||||||
13 | conditions:
insufficient provision for
light and air | ||||||
14 | within or around buildings, increased threat of spread of | ||||||
15 | fire
due to the close proximity of buildings, lack of | ||||||
16 | adequate or proper access to a
public right-of-way, lack | ||||||
17 | of reasonably required off-street parking, or
inadequate | ||||||
18 | provision for loading and service.
| ||||||
19 | (10) Deleterious land use or layout. The existence of | ||||||
20 | incompatible
land-use
relationships, buildings occupied by | ||||||
21 | inappropriate mixed-uses, or uses
considered to be | ||||||
22 | noxious, offensive, or unsuitable for the
surrounding | ||||||
23 | area.
| ||||||
24 | (11) Lack of community planning. The proposed | ||||||
25 | redevelopment project area
was
developed prior to or | ||||||
26 | without the benefit or guidance of a community plan.
This |
| |||||||
| |||||||
1 | means that the development occurred prior to the adoption | ||||||
2 | by the
municipality of a comprehensive or other community | ||||||
3 | plan or that the plan was
not followed at the time of the | ||||||
4 | area's development. This factor must be
documented by | ||||||
5 | evidence of adverse or incompatible land-use | ||||||
6 | relationships,
inadequate street layout, improper | ||||||
7 | subdivision, parcels of inadequate shape and
size to meet | ||||||
8 | contemporary development standards, or other evidence
| ||||||
9 | demonstrating
an absence of effective community planning.
| ||||||
10 | (12) The area has incurred Illinois Environmental | ||||||
11 | Protection Agency or
United
States Environmental | ||||||
12 | Protection Agency remediation costs for, or a study
| ||||||
13 | conducted by an independent consultant recognized as | ||||||
14 | having expertise in
environmental remediation has | ||||||
15 | determined a need for, the clean-up of hazardous
waste, | ||||||
16 | hazardous substances, or underground storage tanks | ||||||
17 | required by State
or federal law, provided that the | ||||||
18 | remediation costs constitute a material
impediment to the | ||||||
19 | development or redevelopment of the redevelopment project
| ||||||
20 | area.
| ||||||
21 | (13) The total equalized assessed value of the | ||||||
22 | proposed redevelopment
project area has declined for 3 of | ||||||
23 | the last 5 calendar years
for which information is
| ||||||
24 | available or is increasing at an annual rate that is less | ||||||
25 | than the balance of
the municipality for 3 of the last 5 | ||||||
26 | calendar years for which information is
available or is |
| |||||||
| |||||||
1 | increasing at an annual rate that is less
than the | ||||||
2 | Consumer Price Index for All Urban Consumers published by | ||||||
3 | the United
States Department of Labor or successor agency | ||||||
4 | for 3 of the last 5 calendar
years for which information is | ||||||
5 | available.
| ||||||
6 | (c) "Industrial park" means an area in a blighted or | ||||||
7 | conservation
area suitable for use by any manufacturing, | ||||||
8 | industrial, research or
transportation enterprise, of | ||||||
9 | facilities to include but not be limited to
factories, mills, | ||||||
10 | processing plants, assembly plants, packing plants,
| ||||||
11 | fabricating plants, industrial distribution centers, | ||||||
12 | warehouses, repair
overhaul or service facilities, freight | ||||||
13 | terminals, research facilities,
test facilities or railroad | ||||||
14 | facilities.
| ||||||
15 | (d) "Industrial park conservation area" means an area | ||||||
16 | within the
boundaries of a redevelopment project area located | ||||||
17 | within the territorial
limits of a municipality that is a | ||||||
18 | labor surplus municipality or within 1
1/2 miles of the | ||||||
19 | territorial limits of a municipality that is a labor
surplus | ||||||
20 | municipality if the area is annexed to the municipality; which
| ||||||
21 | area is zoned as industrial no later than at the time the | ||||||
22 | municipality by
ordinance designates the redevelopment project | ||||||
23 | area, and which area
includes both vacant land suitable for | ||||||
24 | use as an industrial park and a
blighted area or conservation | ||||||
25 | area contiguous to such vacant land.
| ||||||
26 | (e) "Labor surplus municipality" means a municipality in |
| |||||||
| |||||||
1 | which, at any
time during the 6 months before the municipality | ||||||
2 | by ordinance designates
an industrial park conservation area, | ||||||
3 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
4 | the national average unemployment rate for that same
time as | ||||||
5 | published in the United States Department of Labor Bureau of | ||||||
6 | Labor
Statistics publication entitled "The Employment | ||||||
7 | Situation" or its successor
publication. For the purpose of | ||||||
8 | this subsection, if unemployment rate
statistics for the | ||||||
9 | municipality are not available, the unemployment rate in
the | ||||||
10 | municipality shall be deemed to be the same as the | ||||||
11 | unemployment rate in
the principal county in which the | ||||||
12 | municipality is located.
| ||||||
13 | (f) "Municipality" shall mean a city, village, | ||||||
14 | incorporated town, or a township that is located in the | ||||||
15 | unincorporated portion of a county with 3 million or more | ||||||
16 | inhabitants, if the county adopted an ordinance that approved | ||||||
17 | the township's redevelopment plan.
| ||||||
18 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
19 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
20 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
21 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
22 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
23 | transactions at places located in a
State Sales Tax Boundary | ||||||
24 | during the calendar year 1985.
| ||||||
25 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
26 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
| |||||||
| |||||||
1 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
2 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
3 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
4 | transactions at places located within the State Sales Tax | ||||||
5 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this | ||||||
6 | Act.
| ||||||
7 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
8 | to the
increase in the aggregate amount of taxes paid to a | ||||||
9 | municipality from the
Local Government Tax Fund arising from | ||||||
10 | sales by retailers and servicemen
within the redevelopment | ||||||
11 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
12 | for as long as the redevelopment project area or State
Sales | ||||||
13 | Tax Boundary, as the case may be, exist over and above the | ||||||
14 | aggregate
amount of taxes as certified by the Illinois | ||||||
15 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
16 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
17 | Act by retailers and servicemen, on transactions at places
of | ||||||
18 | business located in the redevelopment project area or State | ||||||
19 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
20 | which shall be the calendar year immediately prior to the year | ||||||
21 | in
which the municipality adopted tax increment allocation | ||||||
22 | financing. For
purposes of computing the aggregate amount of | ||||||
23 | such taxes for base years
occurring prior to 1985, the | ||||||
24 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
25 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
26 | 4% of the aggregate amount of taxes per year for each year the
|
| |||||||
| |||||||
1 | base year is prior to 1985, but not to exceed a total deduction | ||||||
2 | of 12%.
The amount so determined shall be known as the | ||||||
3 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
4 | determining the Municipal Sales Tax Increment,
the Department | ||||||
5 | of Revenue shall for each period subtract from the amount
paid | ||||||
6 | to the municipality from the Local Government Tax Fund arising | ||||||
7 | from
sales by retailers and servicemen on transactions
located | ||||||
8 | in the redevelopment project area or the State Sales Tax | ||||||
9 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
10 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
11 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
12 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
13 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
14 | made by utilizing the calendar year 1987 to determine the tax | ||||||
15 | amounts
received. For the State Fiscal Year 1990, this | ||||||
16 | calculation shall be made
by utilizing the period from January | ||||||
17 | 1, 1988, until September 30, 1988, to
determine the tax | ||||||
18 | amounts received from retailers and servicemen pursuant
to the | ||||||
19 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
20 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
21 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
22 | Adjusted Initial
Sales Tax Amounts or the Revised Initial | ||||||
23 | Sales Tax Amounts as appropriate.
For the State Fiscal Year | ||||||
24 | 1991, this calculation shall be made by utilizing
the period | ||||||
25 | from October 1, 1988, to June 30, 1989, to determine the tax
| ||||||
26 | amounts received from retailers and servicemen pursuant to the |
| |||||||
| |||||||
1 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
2 | Occupation Tax Act
which shall have deducted therefrom | ||||||
3 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
4 | Adjusted Initial Sales Tax
Amounts or the Revised Initial | ||||||
5 | Sales Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
6 | thereafter, the applicable period shall be the 12 months
| ||||||
7 | beginning July 1 and ending June 30 to determine the tax | ||||||
8 | amounts received
which shall have deducted therefrom the | ||||||
9 | certified Initial Sales Tax
Amounts, the Adjusted Initial | ||||||
10 | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as | ||||||
11 | the case may be.
| ||||||
12 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
13 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
14 | Increment annually generated
within a State Sales Tax | ||||||
15 | Boundary; (b) 60% of the amount in excess of
$100,000 but not | ||||||
16 | exceeding $500,000 of State Sales Tax Increment annually
| ||||||
17 | generated within a State Sales Tax Boundary; and (c) 40% of all | ||||||
18 | amounts in
excess of $500,000 of State Sales Tax Increment | ||||||
19 | annually generated within a
State Sales Tax Boundary. If, | ||||||
20 | however, a municipality established a tax
increment financing | ||||||
21 | district in a county with a population in excess of
3,000,000 | ||||||
22 | before January 1, 1986, and the municipality entered into a
| ||||||
23 | contract or issued bonds after January 1, 1986, but before | ||||||
24 | December 31, 1986,
to finance redevelopment project costs | ||||||
25 | within a State Sales Tax
Boundary, then the Net State Sales Tax | ||||||
26 | Increment means, for the fiscal years
beginning July 1, 1990, |
| |||||||
| |||||||
1 | and July 1, 1991, 100% of the State Sales Tax
Increment | ||||||
2 | annually generated within a State Sales Tax Boundary; and
| ||||||
3 | notwithstanding any other provision of this Act, for those | ||||||
4 | fiscal years the
Department of Revenue shall distribute to | ||||||
5 | those municipalities 100% of
their Net State Sales Tax | ||||||
6 | Increment before any distribution to any other
municipality | ||||||
7 | and regardless of whether or not those other municipalities
| ||||||
8 | will receive 100% of their Net State Sales Tax Increment. For | ||||||
9 | Fiscal Year
1999, and every year thereafter until the year | ||||||
10 | 2007, for any municipality
that has not entered into a | ||||||
11 | contract or has not issued bonds prior to June
1, 1988 to | ||||||
12 | finance redevelopment project costs within a State Sales Tax
| ||||||
13 | Boundary, the Net State Sales Tax Increment shall be | ||||||
14 | calculated as follows:
By multiplying the Net State Sales Tax | ||||||
15 | Increment by 90% in the State Fiscal
Year 1999; 80% in the | ||||||
16 | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% | ||||||
17 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
18 | 2003; 40%
in the State Fiscal Year 2004; 30% in the State | ||||||
19 | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in | ||||||
20 | the State Fiscal Year 2007. No
payment shall be made for State | ||||||
21 | Fiscal Year 2008 and thereafter.
| ||||||
22 | Municipalities that issued bonds in connection with a | ||||||
23 | redevelopment project
in a redevelopment project area within | ||||||
24 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
25 | entered into contracts in connection with a redevelopment | ||||||
26 | project in
a redevelopment project area before June 1, 1988,
|
| |||||||
| |||||||
1 | shall continue to receive their proportional share of the
| ||||||
2 | Illinois Tax Increment Fund distribution until the date on | ||||||
3 | which the
redevelopment project is completed or terminated.
| ||||||
4 | If, however, a municipality that issued bonds in connection | ||||||
5 | with a
redevelopment project in a redevelopment project area | ||||||
6 | within the State Sales
Tax Boundary prior to July 29, 1991 | ||||||
7 | retires the bonds prior to June 30, 2007 or
a municipality that | ||||||
8 | entered into contracts in connection with a redevelopment
| ||||||
9 | project in a redevelopment project area before June 1, 1988 | ||||||
10 | completes the
contracts prior to June 30, 2007, then so long as | ||||||
11 | the redevelopment project is
not
completed or is not | ||||||
12 | terminated, the Net State Sales Tax Increment shall be
| ||||||
13 | calculated, beginning on the date on which the bonds are | ||||||
14 | retired or the
contracts are completed, as follows: By | ||||||
15 | multiplying the Net State Sales Tax
Increment by 60% in the | ||||||
16 | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% | ||||||
17 | in the State Fiscal Year 2004; 30%
in the State Fiscal Year | ||||||
18 | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State | ||||||
19 | Fiscal Year 2007. No payment shall be made for State Fiscal | ||||||
20 | Year
2008 and thereafter.
Refunding of any bonds issued
prior | ||||||
21 | to July 29, 1991, shall not alter the Net State Sales Tax | ||||||
22 | Increment.
| ||||||
23 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
24 | equal to the
aggregate increase in State electric and gas tax | ||||||
25 | charges imposed on owners
and tenants, other than residential | ||||||
26 | customers, of properties located within
the redevelopment |
| |||||||
| |||||||
1 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
2 | over and above the aggregate of such charges as certified by | ||||||
3 | the
Department of Revenue and paid by owners and tenants, | ||||||
4 | other than
residential customers, of properties within the | ||||||
5 | redevelopment project area
during the base year, which shall | ||||||
6 | be the calendar year immediately prior to
the year of the | ||||||
7 | adoption of the ordinance authorizing tax increment allocation
| ||||||
8 | financing.
| ||||||
9 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
10 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
11 | Increment annually
generated by a redevelopment project area; | ||||||
12 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
13 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
14 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
15 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
16 | generated by a redevelopment project area. For the State | ||||||
17 | Fiscal Year 1999,
and every year thereafter until the year | ||||||
18 | 2007, for any municipality that
has not entered into a | ||||||
19 | contract or has not issued bonds prior to June 1,
1988 to | ||||||
20 | finance redevelopment project costs within a redevelopment | ||||||
21 | project
area, the Net State Utility Tax Increment shall be | ||||||
22 | calculated as follows:
By multiplying the Net State Utility | ||||||
23 | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the | ||||||
24 | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% | ||||||
25 | in the State Fiscal Year 2002; 50% in the State
Fiscal Year | ||||||
26 | 2003; 40% in the State Fiscal Year 2004; 30% in the State
|
| |||||||
| |||||||
1 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
2 | the State
Fiscal Year 2007. No payment shall be made for the | ||||||
3 | State Fiscal Year 2008
and thereafter.
| ||||||
4 | Municipalities that issue bonds in connection with the | ||||||
5 | redevelopment project
during the period from June 1, 1988 | ||||||
6 | until 3 years after the effective date
of this Amendatory Act | ||||||
7 | of 1988 shall receive the Net State Utility Tax
Increment, | ||||||
8 | subject to appropriation, for 15 State Fiscal Years after the
| ||||||
9 | issuance of such bonds. For the 16th through the 20th State | ||||||
10 | Fiscal Years
after issuance of the bonds, the Net State | ||||||
11 | Utility Tax Increment shall be
calculated as follows: By | ||||||
12 | multiplying the Net State Utility Tax Increment
by 90% in year | ||||||
13 | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in | ||||||
14 | year 20. Refunding of any bonds issued prior to June 1, 1988, | ||||||
15 | shall not
alter the revised Net State Utility Tax Increment | ||||||
16 | payments set forth above.
| ||||||
17 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
18 | special certificates
or other evidence of indebtedness issued | ||||||
19 | by the municipality to carry out
a redevelopment project or to | ||||||
20 | refund outstanding obligations.
| ||||||
21 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
22 | revenues from
real property in a redevelopment project area | ||||||
23 | derived from real property that
has been acquired by a | ||||||
24 | municipality
which according to the redevelopment project or | ||||||
25 | plan is to be used for a
private use which taxing districts | ||||||
26 | would have received had a municipality
not acquired the real |
| |||||||
| |||||||
1 | property and adopted tax increment allocation
financing and | ||||||
2 | which would result from
levies made after the time of the | ||||||
3 | adoption of tax increment allocation
financing to the time the | ||||||
4 | current equalized value of real property in the
redevelopment | ||||||
5 | project area exceeds the total initial equalized value of
real | ||||||
6 | property in said area.
| ||||||
7 | (n) "Redevelopment plan" means the comprehensive program | ||||||
8 | of
the municipality for development or redevelopment intended | ||||||
9 | by the payment of
redevelopment project costs to reduce or | ||||||
10 | eliminate those conditions the
existence of which qualified | ||||||
11 | the redevelopment project area as
a "blighted
area" or | ||||||
12 | "conservation area" or combination thereof or "industrial park
| ||||||
13 | conservation area," and thereby to enhance the tax bases of | ||||||
14 | the taxing
districts which extend into the redevelopment | ||||||
15 | project area, provided that, with respect to redevelopment | ||||||
16 | project areas described in subsections (p-1) and (p-2), | ||||||
17 | "redevelopment plan" means the comprehensive program of the | ||||||
18 | affected municipality for the development of qualifying | ||||||
19 | transit facilities.
On and after November 1, 1999 (the | ||||||
20 | effective date of
Public Act 91-478), no
redevelopment plan | ||||||
21 | may be approved or amended that includes the development of
| ||||||
22 | vacant land (i) with a golf course and related clubhouse and | ||||||
23 | other facilities
or (ii) designated by federal, State, county, | ||||||
24 | or municipal government as public
land for outdoor | ||||||
25 | recreational activities or for nature preserves and used for
| ||||||
26 | that purpose within 5
years prior to the adoption of the |
| |||||||
| |||||||
1 | redevelopment plan. For the purpose of
this subsection, | ||||||
2 | "recreational activities" is limited to mean camping and
| ||||||
3 | hunting.
Each
redevelopment plan shall set forth in writing | ||||||
4 | the program to be undertaken
to accomplish the objectives and | ||||||
5 | shall include but not be limited to:
| ||||||
6 | (A) an itemized list of estimated redevelopment | ||||||
7 | project costs;
| ||||||
8 | (B) evidence indicating that the redevelopment project | ||||||
9 | area on the whole
has not been subject to growth and | ||||||
10 | development through investment by private
enterprise, | ||||||
11 | provided that such evidence shall not be required for any | ||||||
12 | redevelopment project area located within a transit | ||||||
13 | facility improvement area established pursuant to Section | ||||||
14 | 11-74.4-3.3;
| ||||||
15 | (C) an assessment of any financial impact of the | ||||||
16 | redevelopment project
area on or any increased demand for | ||||||
17 | services from any taxing district affected
by the plan and | ||||||
18 | any program to address such financial impact or increased
| ||||||
19 | demand;
| ||||||
20 | (D) the sources of funds to pay costs;
| ||||||
21 | (E) the nature and term of the obligations to be | ||||||
22 | issued;
| ||||||
23 | (F) the most recent equalized assessed valuation of | ||||||
24 | the redevelopment
project area;
| ||||||
25 | (G) an estimate as to the equalized assessed valuation | ||||||
26 | after redevelopment
and the general land uses to apply in |
| |||||||
| |||||||
1 | the redevelopment project area;
| ||||||
2 | (H) a commitment to fair employment practices and an | ||||||
3 | affirmative action
plan;
| ||||||
4 | (I) if it concerns an industrial park
conservation | ||||||
5 | area, the plan shall
also include a general description
of | ||||||
6 | any proposed developer, user and tenant of any property, a | ||||||
7 | description
of the type, structure and general character | ||||||
8 | of the facilities to be
developed, a description of the | ||||||
9 | type, class and number of new employees to
be employed in | ||||||
10 | the operation of the facilities to be developed; and
| ||||||
11 | (J) if property is to be annexed to the municipality, | ||||||
12 | the plan shall
include the terms of the annexation | ||||||
13 | agreement.
| ||||||
14 | The provisions of items (B) and (C) of this subsection (n) | ||||||
15 | shall not apply to
a municipality that before March 14, 1994 | ||||||
16 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
17 | its
corporate authorities or by a commission designated under | ||||||
18 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
19 | public hearing as required by
subsection (a) of Section | ||||||
20 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
21 | municipality complies with all of the following requirements:
| ||||||
22 | (1) The municipality finds that the redevelopment | ||||||
23 | project area on
the whole has not been subject to growth | ||||||
24 | and development through investment
by private enterprise | ||||||
25 | and would not reasonably be anticipated to be
developed | ||||||
26 | without the adoption of the redevelopment plan, provided, |
| |||||||
| |||||||
1 | however, that such a finding shall not be required with | ||||||
2 | respect to any redevelopment project area located within a | ||||||
3 | transit facility improvement area established pursuant to | ||||||
4 | Section 11-74.4-3.3.
| ||||||
5 | (2) The municipality finds that the redevelopment plan | ||||||
6 | and project conform
to the comprehensive plan for the | ||||||
7 | development of the municipality as a whole,
or, for | ||||||
8 | municipalities with a population of 100,000 or more, | ||||||
9 | regardless of when
the redevelopment plan and project was | ||||||
10 | adopted, the redevelopment plan and
project either: (i) | ||||||
11 | conforms to the strategic economic development or
| ||||||
12 | redevelopment plan issued by the designated planning | ||||||
13 | authority of the
municipality, or (ii) includes land uses | ||||||
14 | that have been approved by the
planning commission of the | ||||||
15 | municipality.
| ||||||
16 | (3) The redevelopment plan establishes the estimated | ||||||
17 | dates of completion
of the redevelopment project and | ||||||
18 | retirement of obligations issued to finance
redevelopment | ||||||
19 | project costs. Those dates may not be later than the dates | ||||||
20 | set forth under Section 11-74.4-3.5.
| ||||||
21 | A municipality may by municipal ordinance amend an | ||||||
22 | existing redevelopment
plan to conform to this paragraph | ||||||
23 | (3) as amended by Public Act 91-478, which
municipal | ||||||
24 | ordinance may be adopted without
further hearing or
notice | ||||||
25 | and without complying with the procedures provided in this | ||||||
26 | Act
pertaining to an amendment to or the initial approval |
| |||||||
| |||||||
1 | of a redevelopment plan
and project and
designation of a | ||||||
2 | redevelopment project area.
| ||||||
3 | (3.5) The municipality finds, in the case of an | ||||||
4 | industrial
park
conservation area, also that the | ||||||
5 | municipality is a labor surplus municipality
and that the | ||||||
6 | implementation of the redevelopment plan will reduce | ||||||
7 | unemployment,
create new jobs and by the provision of new | ||||||
8 | facilities enhance the tax base of
the taxing districts | ||||||
9 | that extend into the redevelopment project area.
| ||||||
10 | (4) If any incremental revenues are being utilized | ||||||
11 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
12 | redevelopment project areas approved by ordinance
after | ||||||
13 | January 1, 1986, the municipality finds: (a) that the | ||||||
14 | redevelopment
project area would not reasonably be | ||||||
15 | developed without the use of such
incremental revenues, | ||||||
16 | and (b) that such incremental revenues will be
exclusively | ||||||
17 | utilized for the development of the redevelopment project | ||||||
18 | area.
| ||||||
19 | (5) If: (a)
the redevelopment plan will not result in
| ||||||
20 | displacement of
residents from 10 or more inhabited | ||||||
21 | residential units, and the
municipality certifies in the | ||||||
22 | plan that
such displacement will not result from the plan; | ||||||
23 | or (b) the redevelopment plan is for a redevelopment | ||||||
24 | project area located within a transit facility improvement | ||||||
25 | area established pursuant to Section 11-74.4-3.3, and the | ||||||
26 | applicable project is subject to the process for |
| |||||||
| |||||||
1 | evaluation of environmental effects under the National | ||||||
2 | Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., | ||||||
3 | then a housing impact study
need not be performed.
If, | ||||||
4 | however, the redevelopment plan would result in the | ||||||
5 | displacement
of
residents from 10 or more inhabited
| ||||||
6 | residential units,
or if the redevelopment project area | ||||||
7 | contains 75 or more inhabited residential
units and no
| ||||||
8 | certification is made,
then the municipality shall | ||||||
9 | prepare, as part of the separate
feasibility report | ||||||
10 | required by subsection (a) of Section 11-74.4-5, a housing
| ||||||
11 | impact study.
| ||||||
12 | Part I of the housing impact study shall include (i) | ||||||
13 | data as to whether
the residential units are single family | ||||||
14 | or multi-family units,
(ii) the number and type of rooms | ||||||
15 | within the units, if that information is
available, (iii) | ||||||
16 | whether
the
units are inhabited or uninhabited, as | ||||||
17 | determined not less than 45
days before the date that the | ||||||
18 | ordinance or resolution required
by subsection (a) of | ||||||
19 | Section 11-74.4-5 is passed, and (iv) data as to the
| ||||||
20 | racial and ethnic composition of the residents in the | ||||||
21 | inhabited residential
units. The data requirement as to | ||||||
22 | the racial and ethnic composition of the
residents in the | ||||||
23 | inhabited residential units shall be deemed to be fully
| ||||||
24 | satisfied by data from the most recent federal census.
| ||||||
25 | Part II of the housing impact study shall identify the | ||||||
26 | inhabited
residential units in the proposed redevelopment |
| |||||||
| |||||||
1 | project area that are to be or
may be removed. If inhabited | ||||||
2 | residential units are to be removed, then the
housing | ||||||
3 | impact study shall identify (i) the number and location of | ||||||
4 | those units
that will or may be removed, (ii) the | ||||||
5 | municipality's plans for relocation
assistance for those | ||||||
6 | residents in the proposed redevelopment project area
whose | ||||||
7 | residences are to be removed, (iii) the availability of | ||||||
8 | replacement
housing for those residents whose residences | ||||||
9 | are to be removed, and shall
identify the type, location, | ||||||
10 | and cost of the housing, and (iv) the type and
extent
of | ||||||
11 | relocation assistance to be provided.
| ||||||
12 | (6) On and after November 1, 1999, the
housing impact | ||||||
13 | study required by paragraph (5) shall be
incorporated in | ||||||
14 | the redevelopment plan for the
redevelopment project area.
| ||||||
15 | (7) On and after November 1, 1999, no
redevelopment | ||||||
16 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
17 | shall residential housing that is
occupied by households | ||||||
18 | of low-income and very low-income
persons in currently | ||||||
19 | existing redevelopment project
areas be removed after | ||||||
20 | November 1, 1999 unless the redevelopment plan provides, | ||||||
21 | with
respect to inhabited housing units that are to be | ||||||
22 | removed for
households of low-income and very low-income | ||||||
23 | persons, affordable
housing and relocation assistance not | ||||||
24 | less than that which would
be provided under the federal | ||||||
25 | Uniform Relocation Assistance and
Real Property | ||||||
26 | Acquisition Policies Act of 1970 and the regulations
under |
| |||||||
| |||||||
1 | that Act, including the eligibility criteria.
Affordable | ||||||
2 | housing may be either existing or newly constructed
| ||||||
3 | housing. For purposes of this paragraph (7), "low-income
| ||||||
4 | households", "very low-income households", and "affordable
| ||||||
5 | housing" have the meanings set forth in the Illinois | ||||||
6 | Affordable
Housing Act.
The municipality shall make a good | ||||||
7 | faith effort to ensure that this affordable
housing is | ||||||
8 | located in or near the redevelopment project area within | ||||||
9 | the
municipality.
| ||||||
10 | (8) On and after November 1, 1999, if,
after the | ||||||
11 | adoption of the redevelopment plan for the
redevelopment | ||||||
12 | project area, any municipality desires to amend its
| ||||||
13 | redevelopment plan
to remove more inhabited residential | ||||||
14 | units than
specified in its original redevelopment plan, | ||||||
15 | that change shall be made in
accordance with the | ||||||
16 | procedures in subsection (c) of Section 11-74.4-5.
| ||||||
17 | (9) For redevelopment project areas designated prior | ||||||
18 | to November 1,
1999, the redevelopment plan may be amended | ||||||
19 | without further joint review board
meeting or hearing, | ||||||
20 | provided that the municipality shall give notice of any
| ||||||
21 | such changes by mail to each affected taxing district and | ||||||
22 | registrant on the
interested party registry, to authorize | ||||||
23 | the municipality to expend tax
increment revenues for | ||||||
24 | redevelopment project costs defined by paragraphs (5)
and | ||||||
25 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
26 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, |
| |||||||
| |||||||
1 | so long as the changes do not increase the
total estimated | ||||||
2 | redevelopment project costs set out in the redevelopment | ||||||
3 | plan
by more than 5% after adjustment for inflation from | ||||||
4 | the date the plan was
adopted.
| ||||||
5 | (o) "Redevelopment project" means any public and private | ||||||
6 | development project
in furtherance of the objectives of a | ||||||
7 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
8 | effective date of Public Act 91-478), no
redevelopment plan | ||||||
9 | may be approved or amended that includes the development
of | ||||||
10 | vacant land (i) with a golf course and related clubhouse and | ||||||
11 | other
facilities
or (ii) designated by federal, State, county, | ||||||
12 | or municipal government as public
land for outdoor | ||||||
13 | recreational activities or for nature preserves and used for
| ||||||
14 | that purpose within 5
years prior to the adoption of the | ||||||
15 | redevelopment plan. For the purpose of
this subsection, | ||||||
16 | "recreational activities" is limited to mean camping and
| ||||||
17 | hunting.
| ||||||
18 | (p) "Redevelopment project area" means an area designated | ||||||
19 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
20 | 1/2 acres and in
respect to which the municipality has made a | ||||||
21 | finding that there exist
conditions which cause the area to be | ||||||
22 | classified as an industrial park
conservation area or a | ||||||
23 | blighted area or a conservation area, or a
combination of both | ||||||
24 | blighted areas and conservation areas.
| ||||||
25 | (p-1) Notwithstanding any provision of this Act to the | ||||||
26 | contrary, on and after August 25, 2009 (the effective date of |
| |||||||
| |||||||
1 | Public Act 96-680), a redevelopment project area may include | ||||||
2 | areas within a one-half mile radius of an existing or proposed | ||||||
3 | Regional Transportation Authority Suburban Transit Access | ||||||
4 | Route (STAR Line) station without a finding that the area is | ||||||
5 | classified as an industrial park conservation area, a blighted | ||||||
6 | area, a conservation area, or a combination thereof, but only | ||||||
7 | if the municipality receives unanimous consent from the joint | ||||||
8 | review board created to review the proposed redevelopment | ||||||
9 | project area. | ||||||
10 | (p-2) Notwithstanding any provision of this Act to the | ||||||
11 | contrary, on and after the effective date of this amendatory | ||||||
12 | Act of the 99th General Assembly, a redevelopment project area | ||||||
13 | may include areas within a transit facility improvement area | ||||||
14 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
15 | without a finding that the area is classified as an industrial | ||||||
16 | park conservation area, a blighted area, a conservation area, | ||||||
17 | or any combination thereof. | ||||||
18 | (q) "Redevelopment project costs", except for | ||||||
19 | redevelopment project areas created pursuant to subsection | ||||||
20 | (p-1) or (p-2), means and includes the sum total of all
| ||||||
21 | reasonable or necessary costs incurred or estimated to be | ||||||
22 | incurred, and
any such costs incidental to a redevelopment | ||||||
23 | plan and a redevelopment
project. Such costs include, without | ||||||
24 | limitation, the following:
| ||||||
25 | (1) Costs of studies, surveys, development of plans, | ||||||
26 | and
specifications, implementation and administration of |
| |||||||
| |||||||
1 | the redevelopment
plan including but not limited to staff | ||||||
2 | and professional service costs for
architectural, | ||||||
3 | engineering, legal, financial, planning or other
services, | ||||||
4 | provided however that no charges for professional services | ||||||
5 | may be
based on a percentage of the tax increment | ||||||
6 | collected; except that on and
after November 1, 1999 (the | ||||||
7 | effective date of Public Act 91-478), no
contracts for
| ||||||
8 | professional services, excluding architectural and | ||||||
9 | engineering services, may be
entered into if the terms of | ||||||
10 | the contract extend
beyond a period of 3 years. In | ||||||
11 | addition, "redevelopment project costs" shall
not include | ||||||
12 | lobbying expenses.
After consultation with the | ||||||
13 | municipality, each tax
increment consultant or advisor to | ||||||
14 | a municipality that plans to designate or
has designated a | ||||||
15 | redevelopment project area shall inform the municipality | ||||||
16 | in
writing of any contracts that the consultant or advisor | ||||||
17 | has entered into with
entities or individuals that have | ||||||
18 | received, or are receiving, payments financed
by tax
| ||||||
19 | increment revenues produced by the redevelopment project | ||||||
20 | area with respect to
which the consultant or advisor has | ||||||
21 | performed, or will be performing, service
for the
| ||||||
22 | municipality. This requirement shall be satisfied by the | ||||||
23 | consultant or advisor
before the commencement of services | ||||||
24 | for the municipality and thereafter
whenever any other | ||||||
25 | contracts with those individuals or entities are executed | ||||||
26 | by
the consultant or advisor;
|
| |||||||
| |||||||
1 | (1.5) After July 1, 1999, annual administrative costs | ||||||
2 | shall
not include general overhead or
administrative costs | ||||||
3 | of the municipality
that would still have been incurred by | ||||||
4 | the municipality if the municipality had
not
designated a | ||||||
5 | redevelopment project area or approved a redevelopment | ||||||
6 | plan;
| ||||||
7 | (1.6) The cost of
marketing sites within the | ||||||
8 | redevelopment project area to prospective
businesses, | ||||||
9 | developers, and investors;
| ||||||
10 | (2) Property assembly costs, including but not limited | ||||||
11 | to acquisition
of land and other property, real or | ||||||
12 | personal, or rights or interests therein,
demolition of | ||||||
13 | buildings, site preparation, site improvements that serve | ||||||
14 | as an
engineered barrier addressing ground level or below | ||||||
15 | ground environmental
contamination, including, but not | ||||||
16 | limited to parking lots and other concrete
or asphalt | ||||||
17 | barriers, and the clearing and grading of
land;
| ||||||
18 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
19 | or remodeling of
existing public or private buildings, | ||||||
20 | fixtures, and leasehold
improvements; and the cost of | ||||||
21 | replacing
an existing public building if pursuant to the | ||||||
22 | implementation of a
redevelopment project the existing | ||||||
23 | public building is to be demolished to use
the site for | ||||||
24 | private investment or
devoted to a different use requiring | ||||||
25 | private investment; including any direct or indirect costs | ||||||
26 | relating to Green Globes or LEED certified construction |
| |||||||
| |||||||
1 | elements or construction elements with an equivalent | ||||||
2 | certification;
| ||||||
3 | (4) Costs of the construction of public works or | ||||||
4 | improvements, including any direct or indirect costs | ||||||
5 | relating to Green Globes or LEED certified construction | ||||||
6 | elements or construction elements with an equivalent | ||||||
7 | certification, except
that on and after November 1, 1999,
| ||||||
8 | redevelopment
project costs shall not include the cost of | ||||||
9 | constructing a
new municipal public building principally | ||||||
10 | used to provide
offices, storage space, or conference | ||||||
11 | facilities or vehicle storage,
maintenance, or repair for | ||||||
12 | administrative,
public safety, or public works personnel
| ||||||
13 | and that is not intended to replace an existing
public | ||||||
14 | building as provided under paragraph (3) of subsection (q) | ||||||
15 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
16 | the new municipal building
implements a redevelopment | ||||||
17 | project that was included in a redevelopment plan
that was | ||||||
18 | adopted by the municipality prior to November 1, 1999, | ||||||
19 | (ii) the
municipality makes a reasonable
determination in | ||||||
20 | the redevelopment plan, supported by information that | ||||||
21 | provides
the basis for that determination, that the new | ||||||
22 | municipal building is required
to meet an increase in the | ||||||
23 | need for public safety purposes anticipated to
result from | ||||||
24 | the implementation of the redevelopment plan, or (iii) the | ||||||
25 | new municipal public building is for the storage, | ||||||
26 | maintenance, or repair of transit vehicles and is located |
| |||||||
| |||||||
1 | in a transit facility improvement area that has been | ||||||
2 | established pursuant to Section 11-74.4-3.3;
| ||||||
3 | (5) Costs of job training and retraining projects, | ||||||
4 | including the cost of
"welfare to work" programs | ||||||
5 | implemented by businesses located within the
redevelopment | ||||||
6 | project area;
| ||||||
7 | (6) Financing costs, including but not limited to all | ||||||
8 | necessary and
incidental expenses related to the issuance | ||||||
9 | of obligations and which may
include payment of interest | ||||||
10 | on any obligations issued hereunder including
interest | ||||||
11 | accruing
during the estimated period of construction of | ||||||
12 | any redevelopment project
for which such obligations are | ||||||
13 | issued and for not exceeding 36 months
thereafter and | ||||||
14 | including reasonable reserves related thereto;
| ||||||
15 | (7) To the extent the municipality by written | ||||||
16 | agreement accepts and
approves
the same, all or a portion | ||||||
17 | of a taxing district's capital costs resulting
from the | ||||||
18 | redevelopment project necessarily incurred or to be | ||||||
19 | incurred within a
taxing district in
furtherance of the | ||||||
20 | objectives of the redevelopment plan and project;
| ||||||
21 | (7.5) For redevelopment project areas designated (or | ||||||
22 | redevelopment
project areas amended to add or increase the | ||||||
23 | number of
tax-increment-financing assisted housing units) | ||||||
24 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
25 | unit school
district's increased costs attributable to | ||||||
26 | assisted housing units located
within the
redevelopment |
| |||||||
| |||||||
1 | project area for which the developer or redeveloper | ||||||
2 | receives
financial assistance through an agreement with | ||||||
3 | the municipality or because the
municipality incurs the | ||||||
4 | cost of necessary infrastructure improvements within
the | ||||||
5 | boundaries of the assisted housing sites necessary for the | ||||||
6 | completion of
that housing
as authorized by this Act, and | ||||||
7 | which costs shall be paid by the municipality
from the | ||||||
8 | Special Tax Allocation Fund when the tax increment revenue | ||||||
9 | is received
as a result of the assisted housing units and | ||||||
10 | shall be calculated annually as
follows:
| ||||||
11 | (A) for any school district not foundation | ||||||
12 | districts, excluding any school district in a
| ||||||
13 | municipality with a population in excess of 1,000,000, | ||||||
14 | annually by multiplying the
district's increase in | ||||||
15 | attendance resulting from the net increase in new
| ||||||
16 | students enrolled in that school district who reside | ||||||
17 | in housing units within
the redevelopment project area | ||||||
18 | that have received financial assistance through
an | ||||||
19 | agreement with the municipality or because the | ||||||
20 | municipality incurs the cost
of necessary | ||||||
21 | infrastructure improvements within the boundaries of | ||||||
22 | the housing
sites necessary for the completion of that | ||||||
23 | housing as authorized by this Act
since the | ||||||
24 | designation of the redevelopment project area by the | ||||||
25 | most recently
available per capita tuition cost as | ||||||
26 | defined in Section 10-20.12a of the School
Code less |
| |||||||
| |||||||
1 | any increase in general State aid as defined in | ||||||
2 | Section 18-8.05 of
the School Code or evidence-based | ||||||
3 | funding as defined in Section 18-8.15 of the School | ||||||
4 | Code attributable to these added new students subject | ||||||
5 | to the
following annual limitations:
| ||||||
6 | (i) for unit school districts, no more than | ||||||
7 | 40% of the total amount of property tax increment | ||||||
8 | revenue produced by those housing units that have | ||||||
9 | received tax increment finance assistance under | ||||||
10 | this Act for unit school districts with a district | ||||||
11 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
12 | than $5,900, no more than 25% of the total amount | ||||||
13 | of
property tax increment revenue produced by | ||||||
14 | those housing units that have
received tax | ||||||
15 | increment finance assistance under this Act ;
| ||||||
16 | (ii) for elementary school districts, no more | ||||||
17 | than 27% of the total amount of property tax | ||||||
18 | increment revenue produced by those housing units | ||||||
19 | that have received tax increment finance | ||||||
20 | assistance under this Act for elementary school | ||||||
21 | districts with a district average 1995-96
Per
| ||||||
22 | Capita Tuition Charge of less than $5,900, no more | ||||||
23 | than 17% of the total amount
of property tax | ||||||
24 | increment revenue produced by those housing units | ||||||
25 | that have
received tax increment finance | ||||||
26 | assistance under this Act ; and
|
| |||||||
| |||||||
1 | (iii) for secondary school districts, no more | ||||||
2 | than 13% of the total amount of property tax | ||||||
3 | increment revenue produced by those housing units | ||||||
4 | that have received tax increment finance | ||||||
5 | assistance under this Act for secondary school | ||||||
6 | districts with a district average 1995-96
Per
| ||||||
7 | Capita Tuition Charge of less than $5,900, no more | ||||||
8 | than 8% of the total amount
of property tax | ||||||
9 | increment revenue produced by those housing units | ||||||
10 | that have
received tax increment finance | ||||||
11 | assistance under this Act .
| ||||||
12 | (B) (Blank.) For alternate method districts, flat | ||||||
13 | grant districts, and foundation
districts with a | ||||||
14 | district average 1995-96 Per Capita Tuition Charge | ||||||
15 | equal to or
more than $5,900, excluding any school | ||||||
16 | district with a population in excess of
1,000,000, by | ||||||
17 | multiplying the district's increase in attendance
| ||||||
18 | resulting
from the net increase in new students | ||||||
19 | enrolled in that school district who
reside in
housing | ||||||
20 | units within the redevelopment project area that have | ||||||
21 | received
financial assistance through an agreement | ||||||
22 | with the municipality or because the
municipality | ||||||
23 | incurs the cost of necessary infrastructure | ||||||
24 | improvements within
the boundaries of the housing | ||||||
25 | sites necessary for the completion of that
housing as | ||||||
26 | authorized by this Act since the designation of the |
| |||||||
| |||||||
1 | redevelopment
project area by the most recently | ||||||
2 | available per capita tuition cost as defined
in | ||||||
3 | Section 10-20.12a of the School Code less any increase | ||||||
4 | in general state aid
as defined in Section 18-8.05 of | ||||||
5 | the School Code or evidence-based funding as defined | ||||||
6 | in Section 18-8.15 of the School Code attributable to | ||||||
7 | these added
new students subject to the following | ||||||
8 | annual limitations:
| ||||||
9 | (i) for unit school districts, no more than | ||||||
10 | 40% of the total amount of
property tax increment | ||||||
11 | revenue produced by those housing units that have
| ||||||
12 | received tax increment finance assistance under | ||||||
13 | this Act;
| ||||||
14 | (ii) for elementary school districts, no more | ||||||
15 | than 27% of the total
amount
of property tax | ||||||
16 | increment revenue produced by those housing units | ||||||
17 | that have
received tax increment finance | ||||||
18 | assistance under this Act; and
| ||||||
19 | (iii) for secondary school districts, no more | ||||||
20 | than 13% of the total
amount
of property tax | ||||||
21 | increment revenue produced by those housing units | ||||||
22 | that have
received tax increment finance | ||||||
23 | assistance under this Act.
| ||||||
24 | (C) For any school district in a municipality with | ||||||
25 | a population in
excess of
1,000,000, the following | ||||||
26 | restrictions shall apply to the
reimbursement of |
| |||||||
| |||||||
1 | increased costs under this paragraph (7.5):
| ||||||
2 | (i) no increased costs shall be reimbursed | ||||||
3 | unless the school district
certifies that each of | ||||||
4 | the schools affected by the assisted housing | ||||||
5 | project
is at or over its student capacity;
| ||||||
6 | (ii) the amount reimbursable shall be reduced | ||||||
7 | by the value of any
land
donated to the school | ||||||
8 | district by the municipality or developer, and by | ||||||
9 | the
value of any physical improvements made to the | ||||||
10 | schools by the
municipality or developer; and
| ||||||
11 | (iii) the amount reimbursed may not affect | ||||||
12 | amounts otherwise obligated
by
the terms of any | ||||||
13 | bonds, notes, or other funding instruments, or the | ||||||
14 | terms of
any redevelopment agreement.
| ||||||
15 | Any school district seeking payment under this | ||||||
16 | paragraph (7.5) shall,
after July 1 and before October | ||||||
17 | 31 September 30 of each year,
provide the municipality | ||||||
18 | with reasonable evidence to support its claim for
| ||||||
19 | reimbursement before the municipality shall be | ||||||
20 | required to approve or make
the payment to the school | ||||||
21 | district. If the school district fails to provide
the | ||||||
22 | information during this period in any year, it shall | ||||||
23 | forfeit any claim to
reimbursement for that year. | ||||||
24 | Municipalities shall reimburse school districts that | ||||||
25 | have met the criteria above no later than January 31st | ||||||
26 | of the school year in which the claim is made. School |
| |||||||
| |||||||
1 | districts may adopt a resolution
waiving the right to | ||||||
2 | all or a portion of the reimbursement otherwise | ||||||
3 | required
by this paragraph
(7.5). By acceptance of | ||||||
4 | this reimbursement the school
district waives the | ||||||
5 | right to directly or indirectly set aside, modify, or
| ||||||
6 | contest in any manner the establishment of the | ||||||
7 | redevelopment project area or
projects;
| ||||||
8 | (7.7) For redevelopment project areas designated (or | ||||||
9 | redevelopment
project areas amended to add or increase the | ||||||
10 | number of
tax-increment-financing assisted housing units) | ||||||
11 | on or after
January 1, 2005 (the effective date of Public | ||||||
12 | Act 93-961),
a public library
district's increased costs | ||||||
13 | attributable to assisted housing units located
within the
| ||||||
14 | redevelopment project area for which the developer or | ||||||
15 | redeveloper receives
financial assistance through an | ||||||
16 | agreement with the municipality or because the
| ||||||
17 | municipality incurs the cost of necessary infrastructure | ||||||
18 | improvements within
the boundaries of the assisted housing | ||||||
19 | sites necessary for the completion of
that housing
as | ||||||
20 | authorized by this Act shall be paid to the library | ||||||
21 | district by the
municipality
from the Special Tax | ||||||
22 | Allocation Fund when the tax increment revenue is received
| ||||||
23 | as a result of the assisted housing units. This paragraph | ||||||
24 | (7.7) applies only if (i) the library district is located | ||||||
25 | in a county that is subject to the Property Tax Extension | ||||||
26 | Limitation Law or (ii) the library district is not located |
| |||||||
| |||||||
1 | in a county that is subject to the Property Tax Extension | ||||||
2 | Limitation Law but the district is prohibited by any other | ||||||
3 | law from increasing its tax levy rate without a prior | ||||||
4 | voter referendum.
| ||||||
5 | The amount paid to a library district under this | ||||||
6 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
7 | net increase in the number of persons eligible to obtain
a
| ||||||
8 | library card
in that district who reside in housing units | ||||||
9 | within
the redevelopment project area that have received | ||||||
10 | financial assistance through
an agreement with the | ||||||
11 | municipality or because the municipality incurs the cost
| ||||||
12 | of necessary infrastructure improvements within the | ||||||
13 | boundaries of the housing
sites necessary for the | ||||||
14 | completion of that housing as authorized by this Act
since | ||||||
15 | the designation of the redevelopment project area by (ii)
| ||||||
16 | the per-patron cost of providing library services so long | ||||||
17 | as it does not exceed $120.
The per-patron cost shall be | ||||||
18 | the Total Operating Expenditures Per Capita for the | ||||||
19 | library in the previous fiscal year.
The municipality may | ||||||
20 | deduct from the amount that it must pay to a library | ||||||
21 | district under this paragraph any amount that it has | ||||||
22 | voluntarily paid to the library district from the tax | ||||||
23 | increment revenue. The amount paid to a library district | ||||||
24 | under this paragraph (7.7) shall be no
more
than 2% of the | ||||||
25 | amount produced by the assisted housing units and | ||||||
26 | deposited into the Special Tax Allocation Fund.
|
| |||||||
| |||||||
1 | A library district is not eligible for any payment | ||||||
2 | under this paragraph
(7.7)
unless the library district has | ||||||
3 | experienced an increase in the
number of patrons from the | ||||||
4 | municipality that created the tax-increment-financing | ||||||
5 | district since the designation of the redevelopment | ||||||
6 | project area.
| ||||||
7 | Any library district seeking payment under this | ||||||
8 | paragraph (7.7) shall,
after July 1 and before September | ||||||
9 | 30 of each year,
provide the municipality with convincing | ||||||
10 | evidence to support its claim for
reimbursement before the | ||||||
11 | municipality shall be required to approve or make
the | ||||||
12 | payment to the library district. If the library district | ||||||
13 | fails to provide
the information during this period in any | ||||||
14 | year, it shall forfeit any claim to
reimbursement for that | ||||||
15 | year. Library districts may adopt a resolution
waiving the | ||||||
16 | right to all or a portion of the reimbursement otherwise | ||||||
17 | required by this paragraph (7.7). By acceptance of such | ||||||
18 | reimbursement, the library district shall forfeit any | ||||||
19 | right to directly or indirectly set aside, modify, or | ||||||
20 | contest in any manner whatsoever the establishment of the | ||||||
21 | redevelopment project area or
projects; | ||||||
22 | (8) Relocation costs to the extent that a municipality | ||||||
23 | determines that
relocation costs shall be paid or is | ||||||
24 | required to make payment of relocation
costs by federal or | ||||||
25 | State law or in order to satisfy subparagraph (7) of
| ||||||
26 | subsection (n);
|
| |||||||
| |||||||
1 | (9) Payment in lieu of taxes;
| ||||||
2 | (10) Costs of job training, retraining, advanced | ||||||
3 | vocational education
or career
education, including but | ||||||
4 | not limited to courses in occupational,
semi-technical or | ||||||
5 | technical fields leading directly to employment, incurred
| ||||||
6 | by one or more taxing districts, provided that such costs | ||||||
7 | (i) are related
to the establishment and maintenance of | ||||||
8 | additional job training, advanced
vocational education or | ||||||
9 | career education programs for persons employed or
to be | ||||||
10 | employed by employers located in a redevelopment project | ||||||
11 | area; and
(ii) when incurred by a taxing district or | ||||||
12 | taxing districts other than the
municipality, are set | ||||||
13 | forth in a written agreement by or among the
municipality | ||||||
14 | and the taxing district or taxing districts, which | ||||||
15 | agreement
describes the program to be undertaken, | ||||||
16 | including but not limited to the
number of employees to be | ||||||
17 | trained, a description of the training and
services to be | ||||||
18 | provided, the number and type of positions available or to
| ||||||
19 | be available, itemized costs of the program and sources of | ||||||
20 | funds to pay for the
same, and the term of the agreement. | ||||||
21 | Such costs include, specifically, the
payment by community | ||||||
22 | college districts of costs pursuant to Sections 3-37,
| ||||||
23 | 3-38, 3-40 and 3-40.1 of the Public Community College Act | ||||||
24 | and by school
districts of costs pursuant to Sections | ||||||
25 | 10-22.20a and 10-23.3a of the School
Code;
| ||||||
26 | (11) Interest cost incurred by a redeveloper related |
| |||||||
| |||||||
1 | to the
construction, renovation or rehabilitation of a | ||||||
2 | redevelopment project
provided that:
| ||||||
3 | (A) such costs are to be paid directly from the | ||||||
4 | special tax
allocation fund established pursuant to | ||||||
5 | this Act;
| ||||||
6 | (B) such payments in any one year may not exceed | ||||||
7 | 30% of the annual
interest costs incurred by the | ||||||
8 | redeveloper with regard to the redevelopment
project | ||||||
9 | during that year;
| ||||||
10 | (C) if there are not sufficient funds available in | ||||||
11 | the special tax
allocation fund to make the payment | ||||||
12 | pursuant to this paragraph (11) then
the amounts so | ||||||
13 | due shall accrue and be payable when sufficient funds | ||||||
14 | are
available in the special tax allocation fund;
| ||||||
15 | (D) the total of such interest payments paid | ||||||
16 | pursuant to this Act
may not exceed 30% of the total | ||||||
17 | (i) cost paid or incurred by the
redeveloper for the | ||||||
18 | redevelopment project plus (ii) redevelopment project
| ||||||
19 | costs excluding any property assembly costs and any | ||||||
20 | relocation costs
incurred by a municipality pursuant | ||||||
21 | to this Act;
| ||||||
22 | (E) the cost limits set forth in subparagraphs (B) | ||||||
23 | and (D) of
paragraph (11) shall be modified for the | ||||||
24 | financing of rehabilitated or
new housing units for | ||||||
25 | low-income households and very low-income households, | ||||||
26 | as
defined in
Section 3 of the Illinois Affordable |
| |||||||
| |||||||
1 | Housing Act. The percentage of
75% shall be | ||||||
2 | substituted for 30% in subparagraphs (B) and (D) of
| ||||||
3 | paragraph (11); and
| ||||||
4 | (F) instead of the eligible costs provided by | ||||||
5 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
6 | modified by this subparagraph, and notwithstanding
any | ||||||
7 | other provisions of this Act to the contrary, the | ||||||
8 | municipality may
pay from tax increment revenues up to | ||||||
9 | 50% of the cost of construction
of new housing units to | ||||||
10 | be occupied by low-income households and very
| ||||||
11 | low-income
households as defined in Section 3 of the | ||||||
12 | Illinois Affordable Housing
Act. The cost of | ||||||
13 | construction of those units may be derived from the
| ||||||
14 | proceeds of bonds issued by the municipality under | ||||||
15 | this Act or
other constitutional or statutory | ||||||
16 | authority or from other sources of
municipal revenue | ||||||
17 | that may be reimbursed from tax increment
revenues or | ||||||
18 | the proceeds of bonds issued to finance the | ||||||
19 | construction
of that housing.
| ||||||
20 | The eligible costs provided under this | ||||||
21 | subparagraph (F) of paragraph (11)
shall
be
an | ||||||
22 | eligible cost for the construction, renovation, and | ||||||
23 | rehabilitation of all
low and very low-income housing | ||||||
24 | units, as defined in Section 3 of the Illinois
| ||||||
25 | Affordable Housing Act, within the redevelopment | ||||||
26 | project area. If the low and
very
low-income units are |
| |||||||
| |||||||
1 | part of a residential redevelopment project that | ||||||
2 | includes
units not affordable to low and very | ||||||
3 | low-income households, only the low and
very | ||||||
4 | low-income units shall be eligible for benefits under | ||||||
5 | this subparagraph (F) of
paragraph (11).
The standards | ||||||
6 | for maintaining the occupancy
by low-income households | ||||||
7 | and very low-income households,
as
defined in Section | ||||||
8 | 3 of the Illinois Affordable Housing Act,
of those | ||||||
9 | units constructed with eligible costs made available | ||||||
10 | under the
provisions of
this subparagraph (F) of | ||||||
11 | paragraph (11)
shall be
established by guidelines | ||||||
12 | adopted by the municipality. The
responsibility for | ||||||
13 | annually documenting the initial occupancy of
the | ||||||
14 | units by low-income households and very low-income | ||||||
15 | households, as defined
in
Section 3
of the Illinois | ||||||
16 | Affordable Housing Act, shall be that of the then | ||||||
17 | current
owner of the property.
For ownership units, | ||||||
18 | the guidelines will provide, at a minimum, for a
| ||||||
19 | reasonable recapture of funds, or other appropriate | ||||||
20 | methods designed to
preserve the original | ||||||
21 | affordability of the ownership units. For rental | ||||||
22 | units,
the guidelines will provide, at a minimum, for | ||||||
23 | the affordability of rent to low
and very low-income | ||||||
24 | households. As units become available, they shall be
| ||||||
25 | rented to income-eligible tenants.
The municipality | ||||||
26 | may modify these
guidelines from time to time; the |
| |||||||
| |||||||
1 | guidelines, however, shall be in effect
for as long as | ||||||
2 | tax increment revenue is being used to pay for costs
| ||||||
3 | associated with the units or for the retirement of | ||||||
4 | bonds issued to finance
the units or for the life of | ||||||
5 | the redevelopment project area, whichever is
later;
| ||||||
6 | (11.5) If the redevelopment project area is located | ||||||
7 | within a municipality
with a population of more than | ||||||
8 | 100,000, the cost of day care services for
children of | ||||||
9 | employees from
low-income
families working for businesses | ||||||
10 | located within the redevelopment project area
and all or a
| ||||||
11 | portion of the cost of operation of day care centers | ||||||
12 | established by
redevelopment project
area businesses to | ||||||
13 | serve employees from low-income families working in
| ||||||
14 | businesses
located in the redevelopment project area. For | ||||||
15 | the purposes of this paragraph,
"low-income families" | ||||||
16 | means families whose annual income does not exceed 80% of
| ||||||
17 | the
municipal, county, or regional median income, adjusted | ||||||
18 | for family size, as the
annual
income and municipal, | ||||||
19 | county, or regional median income are determined from
time | ||||||
20 | to
time by the United States Department of Housing and | ||||||
21 | Urban Development.
| ||||||
22 | (12) Costs relating to the development of urban | ||||||
23 | agricultural areas under Division 15.2 of the Illinois | ||||||
24 | Municipal Code. | ||||||
25 | Unless explicitly stated herein the cost of construction | ||||||
26 | of new
privately-owned buildings shall not be an eligible |
| |||||||
| |||||||
1 | redevelopment project cost.
| ||||||
2 | After November 1, 1999 (the effective date of Public Act
| ||||||
3 | 91-478), none of
the
redevelopment project costs enumerated in | ||||||
4 | this subsection shall be eligible
redevelopment project costs | ||||||
5 | if those costs would provide direct financial
support to a
| ||||||
6 | retail entity initiating operations in the
redevelopment | ||||||
7 | project area while
terminating operations at another Illinois | ||||||
8 | location within 10 miles of the
redevelopment project area but | ||||||
9 | outside the boundaries of the redevelopment
project area | ||||||
10 | municipality. For
purposes of this paragraph, termination | ||||||
11 | means a
closing of a retail operation that is directly related | ||||||
12 | to the opening of the
same operation or like retail entity | ||||||
13 | owned or operated by more than 50% of the
original ownership in | ||||||
14 | a redevelopment project area, but
it does not mean
closing an | ||||||
15 | operation for reasons beyond the control of the
retail entity, | ||||||
16 | as
documented by the retail entity, subject to a reasonable | ||||||
17 | finding by the
municipality that the current location | ||||||
18 | contained inadequate space, had become
economically obsolete, | ||||||
19 | or was no longer a viable location for the retailer or
| ||||||
20 | serviceman.
| ||||||
21 | No cost shall be a redevelopment project cost in a | ||||||
22 | redevelopment project area if used to demolish, remove, or | ||||||
23 | substantially modify a historic resource, after August 26, | ||||||
24 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
25 | prudent and feasible alternative exists. "Historic resource" | ||||||
26 | for the purpose of this paragraph means (i) a place or |
| |||||||
| |||||||
1 | structure that is included or eligible for inclusion on the | ||||||
2 | National Register of Historic Places or (ii) a contributing | ||||||
3 | structure in a district on the National Register of Historic | ||||||
4 | Places. This paragraph does not apply to a place or structure | ||||||
5 | for which demolition, removal, or modification is subject to | ||||||
6 | review by the preservation agency of a Certified Local | ||||||
7 | Government designated as such by the National Park Service of | ||||||
8 | the United States Department of the Interior. | ||||||
9 | If a special service area has been established pursuant to
| ||||||
10 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
11 | Law, then any
tax increment revenues derived
from the tax | ||||||
12 | imposed pursuant to the Special Service Area Tax Act or | ||||||
13 | Special
Service Area Tax Law may
be used within the | ||||||
14 | redevelopment project area for the purposes permitted by
that | ||||||
15 | Act or Law as well as the purposes permitted by this Act.
| ||||||
16 | (q-1) For redevelopment project areas created pursuant to | ||||||
17 | subsection (p-1), redevelopment project costs are limited to | ||||||
18 | those costs in paragraph (q) that are related to the existing | ||||||
19 | or proposed Regional Transportation Authority Suburban Transit | ||||||
20 | Access Route (STAR Line) station. | ||||||
21 | (q-2) For a redevelopment project area located within a | ||||||
22 | transit facility improvement area established pursuant to | ||||||
23 | Section 11-74.4-3.3, redevelopment project costs means those | ||||||
24 | costs described in subsection (q) that are related to the | ||||||
25 | construction, reconstruction, rehabilitation, remodeling, or | ||||||
26 | repair of any existing or proposed transit facility. |
| |||||||
| |||||||
1 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
2 | project area or
the amended redevelopment project area | ||||||
3 | boundaries which are determined
pursuant to subsection (9) of | ||||||
4 | Section 11-74.4-8a of this
Act. The Department of Revenue | ||||||
5 | shall certify pursuant to subsection (9) of
Section 11-74.4-8a | ||||||
6 | the appropriate boundaries eligible for the
determination of | ||||||
7 | State Sales Tax Increment.
| ||||||
8 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
9 | the increase
in the aggregate amount of taxes paid by | ||||||
10 | retailers and servicemen, other
than retailers and servicemen | ||||||
11 | subject to the Public Utilities Act,
on transactions at places | ||||||
12 | of business located within a State Sales Tax
Boundary pursuant | ||||||
13 | to the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
14 | Service Use Tax Act, and the Service Occupation Tax Act, | ||||||
15 | except such
portion of such increase that is paid into the | ||||||
16 | State and Local Sales Tax
Reform Fund, the Local Government | ||||||
17 | Distributive Fund, the Local
Government Tax Fund and the | ||||||
18 | County and Mass Transit District Fund, for as
long as State | ||||||
19 | participation exists, over and above the Initial Sales Tax
| ||||||
20 | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | ||||||
21 | Initial Sales
Tax Amounts for such taxes as certified by the | ||||||
22 | Department of Revenue and
paid under those Acts by retailers | ||||||
23 | and servicemen on transactions at places
of business located | ||||||
24 | within the State Sales Tax Boundary during the base
year which | ||||||
25 | shall be the calendar year immediately prior to the year in
| ||||||
26 | which the municipality adopted tax increment allocation |
| |||||||
| |||||||
1 | financing, less
3.0% of such amounts generated under the | ||||||
2 | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax | ||||||
3 | Act and the Service Occupation Tax Act, which
sum shall be | ||||||
4 | appropriated to the Department of Revenue to cover its costs
| ||||||
5 | of administering and enforcing this Section. For purposes of | ||||||
6 | computing the
aggregate amount of such taxes for base years | ||||||
7 | occurring prior to 1985, the
Department of Revenue shall | ||||||
8 | compute the Initial Sales Tax Amount for such
taxes and deduct | ||||||
9 | therefrom an amount equal to 4% of the aggregate amount of
| ||||||
10 | taxes per year for each year the base year is prior to 1985, | ||||||
11 | but not to
exceed a total deduction of 12%. The amount so | ||||||
12 | determined shall be known
as the "Adjusted Initial Sales Tax | ||||||
13 | Amount". For purposes of determining the
State Sales Tax | ||||||
14 | Increment the Department of Revenue shall for each period
| ||||||
15 | subtract from the tax amounts received from retailers and | ||||||
16 | servicemen on
transactions located in the State Sales Tax | ||||||
17 | Boundary, the certified Initial
Sales Tax Amounts, Adjusted | ||||||
18 | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts | ||||||
19 | for the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
20 | Service Use Tax Act and the Service Occupation Tax Act. For the | ||||||
21 | State
Fiscal Year 1989 this calculation shall be made by | ||||||
22 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
23 | received. For the State Fiscal Year
1990, this calculation | ||||||
24 | shall be made by utilizing the period from January
1, 1988, | ||||||
25 | until September 30, 1988, to determine the tax amounts | ||||||
26 | received
from retailers and servicemen, which shall have |
| |||||||
| |||||||
1 | deducted therefrom
nine-twelfths of the certified Initial | ||||||
2 | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the | ||||||
3 | Revised Initial Sales Tax Amounts as appropriate.
For the | ||||||
4 | State Fiscal Year 1991, this calculation shall be made by | ||||||
5 | utilizing
the period from October 1, 1988, until June 30, | ||||||
6 | 1989, to determine the tax
amounts received from retailers and | ||||||
7 | servicemen, which shall have
deducted therefrom nine-twelfths | ||||||
8 | of the certified Initial State Sales Tax
Amounts, Adjusted | ||||||
9 | Initial Sales Tax Amounts or the Revised Initial Sales
Tax | ||||||
10 | Amounts as appropriate. For every State Fiscal Year | ||||||
11 | thereafter, the
applicable period shall be the 12 months | ||||||
12 | beginning July 1 and ending on
June 30, to determine the tax | ||||||
13 | amounts received which shall have deducted
therefrom the | ||||||
14 | certified Initial Sales Tax Amounts, Adjusted Initial Sales
| ||||||
15 | Tax Amounts or the Revised Initial Sales Tax Amounts. | ||||||
16 | Municipalities
intending to receive a distribution of State | ||||||
17 | Sales Tax Increment must
report a list of retailers to the | ||||||
18 | Department of Revenue by October 31, 1988
and by July 31, of | ||||||
19 | each year thereafter.
| ||||||
20 | (t) "Taxing districts" means counties, townships, cities | ||||||
21 | and incorporated
towns and villages, school, road, park, | ||||||
22 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
23 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
24 | and any other municipal corporations or districts with the | ||||||
25 | power
to levy taxes.
| ||||||
26 | (u) "Taxing districts' capital costs" means those costs of |
| |||||||
| |||||||
1 | taxing districts
for capital improvements that are found by | ||||||
2 | the municipal corporate authorities
to be necessary and | ||||||
3 | directly result from the redevelopment project.
| ||||||
4 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
5 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
6 | of real property without
industrial, commercial, and | ||||||
7 | residential buildings which has not been used
for commercial | ||||||
8 | agricultural purposes within 5 years prior to the
designation | ||||||
9 | of the redevelopment project area, unless the parcel
is | ||||||
10 | included in an industrial park conservation area or the parcel | ||||||
11 | has
been subdivided; provided that if the parcel was part of a | ||||||
12 | larger tract that
has been divided into 3 or more smaller | ||||||
13 | tracts that were accepted for
recording during the period from | ||||||
14 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
15 | subdivided, and all proceedings and actions of the | ||||||
16 | municipality
taken in that connection with respect to any | ||||||
17 | previously approved or designated
redevelopment project area | ||||||
18 | or amended redevelopment project area are hereby
validated and | ||||||
19 | hereby declared to be legally sufficient for all purposes of | ||||||
20 | this
Act.
For purposes of this Section and only for land | ||||||
21 | subject to
the subdivision requirements of the Plat Act, land | ||||||
22 | is subdivided when the
original plat of
the proposed | ||||||
23 | Redevelopment Project Area or relevant portion thereof has
| ||||||
24 | been
properly certified, acknowledged, approved, and recorded | ||||||
25 | or filed in accordance
with the Plat Act and a preliminary | ||||||
26 | plat, if any, for any subsequent phases of
the
proposed |
| |||||||
| |||||||
1 | Redevelopment Project Area or relevant portion thereof has | ||||||
2 | been
properly approved and filed in accordance with the | ||||||
3 | applicable ordinance of the
municipality.
| ||||||
4 | (w) "Annual Total Increment" means the sum of each | ||||||
5 | municipality's
annual Net Sales Tax Increment and each | ||||||
6 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
7 | the Annual Total Increment of each
municipality to the Annual | ||||||
8 | Total Increment for all municipalities, as most
recently | ||||||
9 | calculated by the Department, shall determine the proportional
| ||||||
10 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
11 | each
municipality.
| ||||||
12 | (x) "LEED certified" means any certification level of | ||||||
13 | construction elements by a qualified Leadership in Energy and | ||||||
14 | Environmental Design Accredited Professional as determined by | ||||||
15 | the U.S. Green Building Council. | ||||||
16 | (y) "Green Globes certified" means any certification level | ||||||
17 | of construction elements by a qualified Green Globes | ||||||
18 | Professional as determined by the Green Building Initiative. | ||||||
19 | (Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17; | ||||||
20 | 100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
|