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90_HB0525ham003
LRB9001030DNgcam01
1 AMENDMENT TO HOUSE BILL 525
2 AMENDMENT NO. . Amend House Bill 525, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Municipal Code by changing
5 Sections 11-74.4-3, 11-74.4-4.1, 11-74.4-5, 11-74.4-6, and
6 11-74.4-7.1."; and
7 in the introductory paragraph of Section 5, by deleting
8 "11-74.4-7" and "and adding Section 11-74.4-10.5"; and
9 in Section 5, in paragraph (1) of subsection (a) of Sec.
10 11-74.4-3, by deleting "morals,"; and
11 in Section 5, by replacing subparagraphs (A) through (M) of
12 paragraph (1) of subsection (a) of Sec. 11-74.4-3 with the
13 following:
14 "(A) Age. Structures that have an age of 35 years or
15 more and that exhibit problems or limiting conditions
16 resulting from normal and continuous use of the structures
17 and exposure to the elements that make these buildings
18 unsuited for continued use. In cases involving industrial or
19 commercial structures, age may be considered a factor if the
20 structures are less than 35 years old if a reasonable
21 justification can be presented.
22 (B) Dilapidation. An advanced state of disrepair or
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1 neglect of necessary repairs to the primary structural
2 components of buildings or improvements in such a combination
3 that a documented building condition analysis determines that
4 major repair is required or the defects are so serious and so
5 extensive that the buildings must be removed.
6 (C) Obsolescence. The condition or process of falling
7 into disuse.
8 (D) Deterioration. With respect to buildings, defects
9 including, but not limited to, major defects in the secondary
10 building components such as doors, windows, porches, gutters
11 and downspouts, and fascia. With respect to surface
12 improvements, that the condition of roadways, alleys, curbs,
13 gutters, sidewalks, off-street parking, and surface storage
14 areas evidence deterioration, including, but not limited to,
15 surface cracking, crumbling, potholes, depressions, loose
16 paving material, and weeds protuding through paved surfaces.
17 (E) Presence of structures below minimum code standards.
18 All structures that do not meet the standards of zoning,
19 subdivision, building, fire, and other governmental codes
20 applicable to property, but not including housing and
21 property maintenance codes.
22 (F) Illegal use of individual structures. The use of
23 structures in violation of applicable federal, State, or
24 local laws, exclusive of those applicable to the presence of
25 structures below minimum code standards.
26 (G) Excessive vacancies. Excessive vacancies means the
27 presence of buildings that are unoccupied or underutilized
28 and that represent an adverse influence on the area because
29 of the frequency, extent, or duration of such vacancies.
30 (H) Lack of ventilation, light, or sanitary facilities.
31 The absence of adequate ventilation for light or air
32 circulation in spaces or rooms without windows, or that
33 require the removal of dust, odor, gas, smoke, or other
34 noxious air-borne materials. Inadequate natural light and
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1 ventilation means the absence of skylights or windows for
2 interior spaces or rooms and improper window sizes and
3 amounts by room area to window area ratios. Inadequate
4 sanitary facilities refers to the absence of garbage storage
5 and enclosure, bathroom facilities, hot water and kitchens,
6 and structural inadequacies preventing ingress and egress to
7 and from all rooms and units within a building.
8 (I) Inadequate utilities. Underground and overhead
9 utilities such as storm sewers and storm drainage, water
10 lines, and gas, telephone, and electrical services that are
11 shown to be inadequate. Inadequate utilities are those that
12 are: (i) of insufficient capacity to serve the uses in the
13 redevelopment project area or surrounding areas, (ii) are
14 deteriorated, antiquated, obsolete, or in disrepair, or (iii)
15 are lacking within the redevelopment project area and
16 surrounding areas.
17 (J) Excessive land coverage and overcrowding of
18 structures and community facilities. The over-intensive use
19 of property and the crowding of buildings and accessory
20 facilities onto a site. Examples of problem conditions
21 warranting the designation of an area as one exhibiting
22 excessive land coverage are: the presence of buildings either
23 improperly situated on parcels or located on parcels of
24 inadequate size and shape in relation to present-day
25 standards of development for health and safety and the
26 presence of multiple buildings on a single parcel. In order
27 for there to be a finding of excessive land coverage, these
28 parcels must exhibit one or more of the following conditions:
29 insufficient provision for light and air within or around
30 buildings, increased threat of spread of fire due to the
31 close proximity of buildings, lack of adequate or proper
32 access to a public right-of-way, lack of reasonably required
33 off-street parking or inadequate provision for loading and
34 service.
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1 (K) Deleterious land use or layout. The existence of
2 incompatible land-use relationships, buildings occupied by
3 inappropriate mixed-uses, or uses considered to be noxious,
4 offensive, or environmentally unsuitable for the surrounding
5 area.
6 (L) Depreciation of physical maintenance. The effects
7 of deferred maintenance and the lack of maintenance to
8 buildings, improvements, and grounds not customarily
9 corrected as part of a normal maintenance. Examples of the
10 presence of this factor include: (1) with respect to
11 buildings, unpainted or unfinished exterior surfaces; peeling
12 paint; loose or missing materials; sagging or bowing walls,
13 floors, roof, and porches; cracks; broken windows; loose
14 gutters and downspouts; loose or missing shingles; and
15 damaged building areas that remain in disrepair for a
16 significant period; (2) with respect to grounds, broken
17 sidewalks; lack of vegetation; lack of paving and dust
18 control; potholes; standing water; fences in disrepair; and
19 lack of mowing or pruning vegetation; and (3) with respect to
20 streets, alleys, and parking areas, potholes; broken-up or
21 crumbling surfaces; broken curbs or gutters; areas of loose
22 or missing materials; and standing water.
23 (M) Lack of community planning. The proposed
24 redevelopment plan area was developed prior to or without the
25 benefit or guidance of a community plan. This means that the
26 development occurred prior to the adoption by the
27 municipality of a comprehensive or other community plan or
28 that such plan was not followed at the time of the area's
29 development. This factor must be documented by evidence of
30 adverse or incompatible land-use relationships, inadequate
31 street layout, improper subdivision, parcels of inadequate
32 shape and size to meet contemporary development standards or
33 other evidence demonstrating an absence of effective
34 community planning."; and
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1 in Section 5, by replacing paragraphs (1) through (13) of
2 subsection (b) of Sec. 11-74.4-3 with the following:
3 "(1) Age. Structures that have an age of 35 years or
4 more and that exhibit problems or limiting conditions
5 resulting from normal and continuous use of the structures
6 and exposure to the elements that make these buildings
7 unsuited for continued use. In cases involving industrial or
8 commercial structures, age may be considered a factor if the
9 structures are less than 35 years old if a reasonable
10 justification can be presented.
11 (2) Dilapidation. An advanced state of disrepair or
12 neglect of necessary repairs to the primary structural
13 components of buildings or improvements in such a combination
14 that a documented building condition analysis determines that
15 major repair is required or the defects are so serious and so
16 extensive that the buildings must be removed.
17 (3) Obsolescence. The condition or process of falling
18 into disuse.
19 (4) Deterioration. With respect to buildings, defects
20 including, but not limited to, major defects in the secondary
21 building components such as doors, windows, porches, gutters
22 and downspouts, and fascia. With respect to surface
23 improvements, that the condition of roadways, alleys, curbs,
24 gutters, sidewalks, off-street parking, and surface storage
25 areas evidence deterioration, including, but not limited to,
26 surface cracking, crumbling, potholes, depressions, loose
27 paving material, and weeds protuding through paved surfaces.
28 (5) Presence of structures below minimum code standards.
29 All structures that do not meet the standards of zoning,
30 subdivision, building, fire, and other governmental codes
31 applicable to property, but not including housing and
32 property maintenance codes.
33 (6) Illegal use of individual structures. The use of
34 structures in violation of applicable federal, State, or
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1 local laws, exclusive of those applicable to the presence of
2 structures below minimum code standards.
3 (7) Excessive vacancies. Excessive vacancies means the
4 presence of buildings that are unoccupied or underutilized
5 and that represent an adverse influence on the area because
6 of the frequency, extent, or duration of such vacancies.
7 (8) Lack of ventilation, light, or sanitary facilities.
8 The absence of adequate ventilation for light or air
9 circulation in spaces or rooms without windows, or that
10 require the removal of dust, odor, gas, smoke, or other
11 noxious air-borne materials. Inadequate natural light and
12 ventilation means the absence of skylights or windows for
13 interior spaces or rooms and improper window sizes and
14 amounts by room area to window area ratios. Inadequate
15 sanitary facilities refers to the absence of garbage storage
16 and enclosure, bathroom facilities, hot water and kitchens,
17 and structural inadequacies preventing ingress and egress to
18 and from all rooms and units within a building.
19 (9) Inadequate utilities. Underground and overhead
20 utilities such as storm sewers and storm drainage, water
21 lines, and gas, telephone, and electrical services that are
22 shown to be inadequate. Inadequate utilities are those that
23 are: (i) of insufficient capacity to serve the uses in the
24 redevelopment project area or surrounding areas, (ii) are
25 deteriorated, antiquated, obsolete, or in disrepair, or (iii)
26 are lacking within the redevelopment project area and
27 surrounding areas.
28 (10) Excessive land coverage and overcrowding of
29 structures and community facilities. The over-intensive use
30 of property and the crowding of buildings and accessory
31 facilities onto a site. Examples of problem conditions
32 warranting the designation of an area as one exhibiting
33 excessive land coverage are: the presence of buildings either
34 improperly situated on parcels or located on parcels of
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1 inadequate size and shape in relation to present-day
2 standards of development for health and safety and the
3 presence of multiple buildings on a single parcel. In order
4 for there to be a finding of excessive land coverage, these
5 parcels must exhibit one or more of the following conditions:
6 insufficient provision for light and air within or around
7 buildings, increased threat of spread of fire due to the
8 close proximity of buildings, lack of adequate or proper
9 access to a public right-of-way, lack of reasonably required
10 off-street parking or inadequate provision for loading and
11 service.
12 (11) Deleterious land use or layout. The existence of
13 incompatible land-use relationships, buildings occupied by
14 inappropriate mixed-uses, or uses considered to be noxious,
15 offensive, or environmentally unsuitable for the surrounding
16 area.
17 (12) Depreciation of physical maintenance. The effects
18 of deferred maintenance and the lack of maintenance to
19 buildings, improvements, and grounds not customarily
20 corrected as part of a normal maintenance. Examples of the
21 presence of this factor include: (1) with respect to
22 buildings, unpainted or unfinished exterior surfaces; peeling
23 paint; loose or missing materials; sagging or bowing walls,
24 floors, roof, and porches; cracks; broken windows; loose
25 gutters and downspouts; loose or missing shingles; and
26 damaged building areas that remain in disrepair for a
27 significant period; (2) with respect to grounds, broken
28 sidewalks; lack of vegetation; lack of paving and dust
29 control; potholes; standing water; fences in disrepair; and
30 lack of mowing or pruning vegetation; and (3) with respect to
31 streets, alleys, and parking areas, potholes; broken-up or
32 crumbling surfaces; broken curbs or gutters; areas of loose
33 or missing materials; and standing water.
34 (13) Lack of community planning. The proposed
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1 redevelopment plan area was developed prior to or without the
2 benefit or guidance of a community plan. This means that the
3 development occurred prior to the adoption by the
4 municipality of a comprehensive or other community plan or
5 that such plan was not followed at the time of the area's
6 development. This factor must be documented by evidence of
7 adverse or incompatible land-use relationships, inadequate
8 street layout, improper subdivision, parcels of inadequate
9 shape and size to meet contemporary development standards or
10 other evidence demonstrating an absence of effective
11 community planning."; and
12 in Section 5, by replacing paragraphs (6) and (7) of
13 subsection (n) of Sec. 11-74.4-3 with the following:
14 "(6) If the redevelopment project area includes 75
15 or more inhabited residential units or provides for the
16 removal of 10 or more inhabited residential units, then
17 the municipality shall prepare as part of the separate
18 feasibility report required by subsection (a) of Section
19 11-74.4-5, a housing impact study.
20 Part I of the housing impact study shall include (i)
21 data as to whether the residential units are single
22 family or multi-family units, (ii) the number and type of
23 rooms within the units, if that information is available,
24 (iii) whether the units are inhabited or uninhabited,
25 which determination shall be made not more than 60 days
26 before the date that the ordinance or resolution required
27 by subsection (a) of Section 11-74.4-5 is passed, and
28 (iv) data as to the racial and ethnic composition of the
29 residents in the inhabited residential units. The data
30 requirement as to the racial and ethnic composition of
31 the residents in the inhabited residential units shall be
32 deemed to be fully satisfied by data from the most recent
33 federal census.
34 Part II of the housing impact study shall identify the
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1 inhabited residential units in the proposed redevelopment
2 project area that are to be or may be removed. If inhabited
3 residential units are to be removed, then the housing impact
4 study shall identify (i) the number and location of those
5 units that will or may be removed, (ii) the municipality's
6 plans for relocation assistance for those residents in the
7 proposed redevelopment project area whose residences are to
8 be removed, (iii) the availability of replacement housing for
9 those residents whose residences are to be removed, and shall
10 identify the type, location, and cost of the housing, and
11 (iv) the type and extent of relocation assistance to be
12 provided.
13 (7) The housing impact study required by paragraph
14 (6) shall be incorporated in the redevelopment plan and
15 project for the redevelopment project area.
16 (8) No redevelopment plan and project shall be
17 adopted, nor an existing plan amended, nor shall
18 residential housing that is occupied by households of
19 low-income and very low-income persons in currently
20 existing tax increment redevelopment project areas be
21 removed after the effective date of this amendatory Act
22 of 1997 unless the redevelopment plan and project
23 provides, with respect to inhabited housing units that
24 are to be removed for households of low-income and very
25 low-income persons, affordable housing and relocation
26 assistance not less than that which would be provided
27 under the federal Uniform Relocation Assistance and Real
28 Property Acquisition Policies Act of 1970 and the
29 regulations thereunder, including the eligibility
30 criteria included therein. Affordable housing may be
31 either existing or newly-constructed housing. For
32 purposes of this paragraph (8), "low-income households",
33 "very low-income households", and "affordable housing"
34 shall have the meanings set forth in the Illinois
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1 Affordable Housing Act. The municipality shall make a
2 good faith effort to ensure that this affordable housing
3 is located in or near the redevelopment project area
4 within the municipality.
5 (9) If, after the adoption of the redevelopment
6 plan and project for the redevelopment project area, any
7 municipality desires to amend its redevelopment plan or
8 project to remove more inhabited residential units than
9 specified in its original redevelopment plan and project,
10 such increase in the number of units to be removed shall
11 be deemed to be a change in the nature of the
12 redevelopment project as to require compliance with the
13 procedures in this Act pertaining to the initial approval
14 of a redevelopment plan or project."; and
15 in Section 5, in paragraph (1.5) of subsection (q) of Sec.
16 11-74.4-3, after "project area", by inserting "except that
17 municipalities subject to the provisions of subsection (d-1)
18 of Section 11-74.4-5 shall satisfy this requirement by
19 budgeting such costs"; and
20 in Section 5, in paragraph (4) of subsection (q) of Sec.
21 11-74.4-3, by replacing "subsection (g) of" with "subsection
22 (q) of"; and
23 in Section 5, in (ii) of paragraph (4) of subsection (q) of
24 Sec. 11-74.4-3, by replacing "redevelopmen plan that" with
25 "redevelopment plan, supported by information that provides
26 the basis for that determination, that"; and
27 in Section 5, in subparagraph (E) of paragraph (11) of
28 subsection (q) of Sec. 11-74.4-3, by replacing "low and very
29 low income families" with "low-income household and very
30 low-income household", by replacing "low and very low income
31 residents" with "low-income household and very low-income
32 household", by replacing "low and very low income persons"
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1 each time it appears with "low-income household and very
2 low-income household", and by replacing "the developer and
3 subsequent" with "that of the then-current"; and
4 in Section 5, in the third paragraph of subparagraph (E) of
5 paragraph (11) of subsection (q) of Sec. 11-74.4-3, by
6 replacing "units." with "units or for the life of the
7 redevelopment project area, whichever is later."; and
8 in Section 5, in the last sentence of paragraph (13) of
9 subsection (q) of Sec. 11-74.4-3, by replacing "retailer."
10 with "retailer as determined by the municipality."; and
11 in Section 5, by replacing the last paragraph of Section
12 11-74.4-4.1 with the following:
13 "If a redevelopment project area includes 75 or more
14 inhabited residential units or if one of the planned purposes
15 of the redevelopment project area as set forth in the
16 redevelopment plan includes the removal of 10 or more
17 inhabited residential units, the municipality shall adopt a
18 resolution or ordinance providing for the feasibility report
19 referred to in subsection (a) of Section 11-74.4-5. The
20 report shall also require the preparation of the housing
21 impact study set forth in paragraph (6) of subsection (n) of
22 Section 11-74.4-3."; and
23 in Section 5, in subsection (a) of Sec. 11-74.4-5, in the
24 sentence beginning with "For redevelopment project areas", by
25 deleting "with redevelopment plans or proposed redevelopment
26 plans"; and
27 in Section 5, in the first paragraph of subsection (b) of
28 Sec. 11-74.4-5, in the sentence beginning with "For
29 redevelopment project areas", by deleting "with redevelopment
30 plans or proposed redevelopment plans"; and
31 in Section 5, in the fourth paragraph of subsection (b) of
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1 Sec. 11-74.4-5, after "recommendation", by inserting "to
2 approve or disapprove the designation of the redevelopment
3 project area" and by replacing "as stated in Section
4 11-74.4-2" with "and the plan requirements, the eligibility
5 criteria defined in Section 11-74.4-3, and the objectives of
6 the Act"; and
7 in Section 5, by replacing the fifth paragraph of subsection
8 (b) of Sec. 11-74.4-5, with the following:
9 "The board shall issue a written report describing why
10 the redevelopment plan and project area meets or fails to
11 meet one or more of the objectives of this Act and both the
12 plan requirements and the eligibility criteria defined in
13 Section 11-74.4-3. In the event the Board does not file a
14 report it shall be presumed that these taxing bodies find the
15 redevelopment project area and redevelopment plan to satisfy
16 the objectives of this Act and the plan requirements and
17 eligibility criteria."; and
18 in Section 5, in paragraph (9) of subsection (d) of Sec.
19 11-74.4-5, in the sentence beginning with "For redevelopment
20 project areas", by replacing "with redevelopment plans or
21 proposed redevelopment plans that would" with "that would
22 include 75 or more inhabited residential units or would"; and
23 in Section 5, below subsection (d) of Sec. 11-74.4-6, by
24 inserting the following:
25 "(e) In the event that a municipality desires to propose
26 a redevelopment plan and project for a redevelopment project
27 area which proposed redevelopment project area would include
28 more than 50 inhabited residential units or which provides
29 for the removal of 10 or more inhabited residential units,
30 the municipality shall hold a public meeting before the
31 mailing of the notices of public hearing as provided in
32 subsection (c) of this Section. The meeting shall be for the
33 purpose of enabling the municipality to advise the public,
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1 taxing districts having real property in the redevelopment
2 project area, taxpayers who own property in the proposed
3 redevelopment project area, and residents in the area as to
4 the municipality's possible intent to prepare a redevelopment
5 plan and project and designate a redevelopment project area
6 and to receive public comment in reference thereto. The time
7 and place for the meeting shall be set by the head of the
8 municipality's Department of Planning or other department
9 official designated by the mayor or city or village manager
10 without the necessity of a resolution or ordinance of the
11 municipality and may be held by a member of the staff of the
12 Department of Planning of the municipality or by any other
13 person, body, or commission designated by the corporate
14 authorities. The meeting shall be held at least 21 days
15 before the mailing of the notice of public hearing provided
16 for in subsection (c) of this Section.
17 Notice of the public meeting shall be given by mail.
18 Notice by mail shall be not less than 15 days before the date
19 of the meeting and shall be sent by certified mail to all
20 taxing districts having real property in the proposed
21 redevelopment project area and to all organizations
22 requesting such information that have registered with a
23 person and department designated by the municipality within
24 the 3 year period prior to the date set for the public
25 hearing. The municipality shall notify each registered
26 organization concerning the expiration date of the
27 registration at least 30 days prior to the date the
28 registration expires. The municipality shall make a good
29 faith effort to notify all residents and the last known
30 persons who paid property taxes on real estate in a
31 redevelopment project area. This requirement shall be deemed
32 to be satisfied if the municipality mails, by regular mail, a
33 notice to each residential address and the person or persons
34 in whose name property taxes were paid on real property for
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1 the last preceding year located within the redevelopment
2 project area. Notice may be in languages other than English
3 when appropriate. The notices issued under this subsection
4 shall include the following:
5 (1) The time and place of the meeting.
6 (2) The boundaries of the area to be studied for
7 possible designation as a redevelopment project area by
8 street and location.
9 (3) The purpose or purposes of establishing a
10 redevelopment project area.
11 (4) A brief description of the tax increment
12 mechanism.
13 (5) The name, telephone number, and address of the
14 person who can be contacted for additional information
15 about the proposed redevelopment project area and who
16 should receive all comments and suggestions regarding
17 the development of the area to be studied.
18 (6) Notification that all interested persons will
19 be given an opportunity to be heard at the public
20 meeting.
21 (7) Such other matters as the municipality deems
22 appropriate.
23 At the public meeting, any interested person or affected
24 taxing district representative may be heard orally and may
25 file, with the person conducting the meeting, statements that
26 pertain to the subject matter of the meeting."; and
27 in Section 5, by deleting Sec. 11-74.4-7; and
28 in Section 5, after the last sentence of the first paragraph
29 of Sec. 11-74.4-7.1 by inserting "After the effective date
30 of this amendatory Act of 1997, the requirements of this
31 Section shall apply only to municipal public buildings
32 constructed under the authority provided by paragraphs (3)
33 and (4)(i) of subsection (q) of Section 11-74.4- 3.".