Section 524.250  Adoption of Tax Increment Financing

If a redevelopment project area is, will be, or has been created by a municipality under Division 74.4 of Article 11 of the Illinois Municipal Code [65 ILCS 5], the redevelopment project contains property that is located in a River Edge Redevelopment Zone, the municipality adopts an amendment to the River Edge Redevelopment Zone designating ordinance pursuant to Section 10-5.4 of the Act concerning the abatement of taxes on property located within a redevelopment  project area created pursuant to Division 74.4 of Article 11 of the Illinois Municipal Code, and the Department certifies the ordinance amendment, then the property that is located in both the River Edge Redevelopment Zone and redevelopment project area shall not be eligible for the abatement of taxes under Section 18-170 of the Property Tax Code [35 ILCS 200/18-170].

a)         No business enterprise or expansion or individual that has constructed a new improvement or renovated or rehabilitated an existing improvement and has received an abatement on the improvement under Section 18-170 of the Property Tax Code shall be denied any benefit previously extended within the zone pursuant to the Act or any other Illinois law providing benefits specifically to or within the River Edge Redevelopment Zone.

b)         Procedure

1)         Within 30 days after adoption of an amendment to the designating ordinance, a business enterprise or individual may present evidence to the municipality supporting the requirements of subsections (b)(1)(A)-(C). Within 30 days after receipt of the evidence, the municipal authorities shall determine that, before the date of the notice of the public hearing provided by the municipality regarding the amendment to the designating ordinance, the business or individual met the following qualifications:

A)        The business enterprise or expansion or individual was committed to locate within the River Edge Redevelopment Zone;

B)        Substantial and binding financial obligations were made towards the development of the enterprise; and

C)        The commitments in subsections (b)(1)(A) and (B) were made in reasonable reliance on the benefits and programs that were applicable to the enterprise or individual by reason of the River Edge Redevelopment Zone.

2)         If the municipality confirms the evidence presented, then the enterprise or expansion or individual shall not be denied any benefits previously extended within the zone pursuant to the Act or pursuant to any other Illinois law providing benefits specifically to or within River Edge Redevelopment Zones. (Section 10-5.4.1 of the Act)