|
|||||||
| |||||||
| |||||||
1 | AN ACT in relation to economic development.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Property Tax Code is amended by adding | ||||||
5 | Section 18-181 as
follows:
| ||||||
6 | (35 ILCS 200/18-181 new)
| ||||||
7 | Sec. 18-181. Abatement of neighborhood redevelopment | ||||||
8 | corporation property.
The county clerk shall abate the property | ||||||
9 | taxes imposed on the property of a
neighborhood redevelopment | ||||||
10 | corporation as provided in Section 15-5 of the
Neighborhood | ||||||
11 | Redevelopment Corporation Law.
| ||||||
12 | Section 10. The Neighborhood Redevelopment Corporation Law | ||||||
13 | is amended by
changing Sections 3-11, 4, 15, and 17 and by | ||||||
14 | adding Section 15-5 as follows:
| ||||||
15 | (315 ILCS 20/3-11) (from Ch. 67 1/2, par. 253-11)
| ||||||
16 | Sec. 3-11. "Slum and Blight Areas" means those urban | ||||||
17 | districts in which the
major portion of the housing is | ||||||
18 | detrimental to the health, safety, morality
or welfare of the | ||||||
19 | occupants by reason of age, dilapidation, overcrowding,
faulty | ||||||
20 | arrangement, lack of ventilation, light or sanitation | ||||||
21 | facilities, or
any combination of these factors.
In St. Clair | ||||||
22 | County, "slum and blighted area" also means any area of not | ||||||
23 | less
in the
aggregate than 2 acres located within the | ||||||
24 | territorial limits of a municipality
where
buildings or | ||||||
25 | improvements, by reason of dilapidation, obsolescence,
| ||||||
26 | overcrowding, faulty
arrangement or design, lack of | ||||||
27 | ventilation, light and sanitary facilities,
excessive land
| ||||||
28 | coverage, deleterious land use or layout or any combination of | ||||||
29 | these factors,
are
detrimental to the public safety, health, | ||||||
30 | morals, or welfare.
|
| |||||||
| |||||||
1 | (Source: Laws 1947, p. 685.)
| ||||||
2 | (315 ILCS 20/4) (from Ch. 67 1/2, par. 254)
| ||||||
3 | Sec. 4. Creation
and establishment of redevelopment | ||||||
4 | commissions.
| ||||||
5 | (a) Any city, village or incorporated town shall have the | ||||||
6 | power to
provide
for the creation of a Redevelopment Commission | ||||||
7 | to supervise and regulate
Neighborhood Redevelopment | ||||||
8 | Corporations organized pursuant to the
provisions of this Act | ||||||
9 | to operate within the boundaries of such city,
village or | ||||||
10 | incorporated town.
| ||||||
11 | (1) Except as provided in subdivision (a)(2), such | ||||||
12 | Redevelopment
Commission shall consist
of not less than | ||||||
13 | three nor more than five members, one of which members
| ||||||
14 | shall be designated as its chairman, to be appointed by the | ||||||
15 | mayor of the
city, by and with the advice and consent of | ||||||
16 | the city council of the city,
or by the president of the | ||||||
17 | village or incorporated town, as the case may
be, by and | ||||||
18 | with the advice and consent of the board of trustees of the
| ||||||
19 | village or incorporated town. Each member of the | ||||||
20 | Redevelopment Commission
shall hold office for a term of | ||||||
21 | two years and until his successor shall be
appointed and | ||||||
22 | qualified. Any vacancy in the membership of the | ||||||
23 | Redevelopment
Commission occurring by reason of the death, | ||||||
24 | resignation, disqualification,
inability or refusal to act | ||||||
25 | of any of the members thereof shall be filled
by | ||||||
26 | appointment by the mayor or president, as the case may be, | ||||||
27 | by and with
the advice and consent of the city council of | ||||||
28 | the city or board of trustees
of the village or | ||||||
29 | incorporated town, as the case may be.
| ||||||
30 | (2) In St. Clair County, the Redevelopment Commission | ||||||
31 | shall consist
of
either 5 or 7 appointed members as | ||||||
32 | determined by the mayor. The mayor and each
member of
the | ||||||
33 | city
council may nominate a person to fill each position on | ||||||
34 | the Redevelopment
Commission.
The president of the village | ||||||
35 | or
incorporated town, as the case may
be, and each member |
| |||||||
| |||||||
1 | of the board of trustees of the village or incorporated
| ||||||
2 | town
may nominate a person to fill each position on the | ||||||
3 | Redevelopment Commission.
Each nominee must be a person of | ||||||
4 | recognized ability and
experience in one or more of the | ||||||
5 | following areas: economic development;
finance; banking; | ||||||
6 | industrial development; small business management; real
| ||||||
7 | estate development; community development; venture | ||||||
8 | finance; organized labor; or
civic, community, or | ||||||
9 | neighborhood organization.
A nominated person shall be | ||||||
10 | appointed to the Redevelopment
Commission only
upon a | ||||||
11 | majority vote of the city council or the board of trustees | ||||||
12 | of the
village or
incorporated town, as the case may be. | ||||||
13 | Only one person may fill each open
position on the | ||||||
14 | Redevelopment Commission. One of the appointed members | ||||||
15 | shall
be designated as the chairman of the Redevelopment | ||||||
16 | Commission by a majority
vote of the city council or the | ||||||
17 | board of trustees of the village or
incorporated
town, as | ||||||
18 | the case may be. Only one member may serve as chairman at | ||||||
19 | any given
time.
| ||||||
20 | The initial terms of members of the Redevelopment | ||||||
21 | Commission appointed
under
this subdivision (a)(2) shall | ||||||
22 | be as follows: for a Commission consisting of 5
members: 2
| ||||||
23 | terms for 3 years, 2 terms for 2 years, and one term for | ||||||
24 | one year; for a
Commission
consisting of 7 members: 3 terms | ||||||
25 | for 3 years, 3 terms for 2 years, and one term
for 1 year.
| ||||||
26 | The length of the term of the first Commissioners shall be | ||||||
27 | determined by lots
at their first
meeting. The initial | ||||||
28 | terms of office of members who are to hold office
shall | ||||||
29 | continue
until the July 1 that next follows the expiration | ||||||
30 | of the respective periods
from the date of
the appointment | ||||||
31 | of the member, and until his or her successor is appointed | ||||||
32 | and
qualified.
| ||||||
33 | Each subsequent Commissioner appointed under this | ||||||
34 | subdivision (a)(2) shall
hold
office for a term of 4 years | ||||||
35 | and until his or her successor is appointed
and qualified.
| ||||||
36 | The unexpired term of
any
vacancy in the membership of |
| |||||||
| |||||||
1 | the Redevelopment Commission occurring by
reason of the | ||||||
2 | death, resignation, disqualification, inability, or | ||||||
3 | refusal to
act of any
of the members thereof shall be | ||||||
4 | filled in the same manner as the vacated
position
was | ||||||
5 | filled.
| ||||||
6 | In addition to the 5 or 7 appointed members,
the | ||||||
7 | Director of Commerce and Economic Opportunity, or his or | ||||||
8 | her designee, and
the Secretary of Transportation, or his | ||||||
9 | or her designee, shall serve as ex
officio non-voting | ||||||
10 | members.
| ||||||
11 | (b) No person holding stocks or Mortgages in any | ||||||
12 | Neighborhood
Redevelopment
Corporation, or who is in any other | ||||||
13 | manner directly or indirectly
pecuniarily interested in such | ||||||
14 | Neighborhood Redevelopment Corporation, or
in the Development | ||||||
15 | undertaken by it, shall be appointed as a member of, or
be | ||||||
16 | employed by, that Redevelopment Commission to whose | ||||||
17 | supervision and
regulation such Neighborhood Redevelopment | ||||||
18 | Corporation is subject. If any
such member or employee shall | ||||||
19 | voluntarily become so interested his office
or employment shall | ||||||
20 | ipso facto become vacant. If any such member or
employee | ||||||
21 | becomes so interested otherwise than voluntarily he shall | ||||||
22 | within
ninety days divest himself of such interest and if he | ||||||
23 | fails to do so his
office or employment shall become vacant.
| ||||||
24 | (c) The Redevelopment Commission shall have power, subject | ||||||
25 | to the
approval
of the city council of the city, or of the | ||||||
26 | president and the board of
trustees of the village or | ||||||
27 | incorporated town, as the case may be, to
appoint a secretary | ||||||
28 | and from time to time to employ such accountants,
engineers, | ||||||
29 | architects, experts, inspectors, clerks and other employees | ||||||
30 | and
fix their compensation.
| ||||||
31 | (d) Each member of the Redevelopment Commission shall | ||||||
32 | receive such
salary as
shall be fixed by the city council of | ||||||
33 | the city, or by the president and the
board of trustees of the | ||||||
34 | village or incorporated town, as the case may be,
and said city | ||||||
35 | council or president and board of trustees shall have power
to | ||||||
36 | provide for the payment of the salaries of all members and the |
| |||||||
| |||||||
1 | expenses
of the Redevelopment Commission.
| ||||||
2 | (Source: Laws 1941, vol. 1, p. 431.)
| ||||||
3 | (315 ILCS 20/15) (from Ch. 67 1/2, par. 265)
| ||||||
4 | Sec. 15.
Taxation of Neighborhood Redevelopment | ||||||
5 | Corporations.
| ||||||
6 | Except as provided in Section 15-5, Neighborhood | ||||||
7 | Redevelopment
Corporations organized under this Act,
| ||||||
8 | notwithstanding their function in the Redevelopment of Slum and | ||||||
9 | Blight or
Conservation Areas, shall be subject to the same | ||||||
10 | taxation, general and
special, as to their assets, tangible and | ||||||
11 | intangible, and as to their
capital stock, as is imposed by law | ||||||
12 | upon the assets and capital stock of
private corporations for | ||||||
13 | profit organized pursuant to the laws of this
State.
| ||||||
14 | (Source: Laws 1953, p. 1138.)
| ||||||
15 | (315 ILCS 20/15-5 new)
| ||||||
16 | Sec. 15-5. Property tax abatement; limitation.
| ||||||
17 | (a) Once the requirements of this Section have been | ||||||
18 | complied with, except as
otherwise provided in this Section, | ||||||
19 | the general real estate taxes imposed on
the real
property | ||||||
20 | located in St. Clair County of a neighborhood redevelopment
| ||||||
21 | corporation or its immediate successor and acquired pursuant to | ||||||
22 | this
Law
shall be abated
for a
period not in excess of 10 years | ||||||
23 | after the
date upon
which the corporation becomes owner of that | ||||||
24 | real property.
| ||||||
25 | (b) General real estate taxes may be imposed and collected, | ||||||
26 | however, to the
extent
and in
the amount as may be imposed upon | ||||||
27 | that real property during that period
measured
solely by the | ||||||
28 | amount of the assessed valuation of the land, exclusive of
| ||||||
29 | improvements,
acquired pursuant to this Law and owned by the | ||||||
30 | neighborhood redevelopment
corporation or its immediate | ||||||
31 | successor,
as was determined by the county, township, or | ||||||
32 | multi-township assessor, for
real estate taxes
due and
payable | ||||||
33 | thereon during the calendar year preceding the calendar year | ||||||
34 | during
which the
corporation acquired title to the real |
| |||||||
| |||||||
1 | property. The assessed valuation
shall
not be increased during | ||||||
2 | that period so long as the real property is owned by a
| ||||||
3 | neighborhood redevelopment corporation or its immediate | ||||||
4 | successor and used in
accordance with a
development
plan | ||||||
5 | authorized by the Redevelopment Commission under this Law.
| ||||||
6 | (c) If, however, the real property was exempt from general | ||||||
7 | real estate taxes
immediately
prior to ownership by any | ||||||
8 | neighborhood redevelopment corporation, the county,
township, | ||||||
9 | or multi-township assessor shall, upon acquisition of title
by
| ||||||
10 | the
neighborhood redevelopment corporation, promptly assess | ||||||
11 | the land, exclusive of
improvements, at a valuation that | ||||||
12 | conforms to but does not exceed the assessed
valuation made | ||||||
13 | during the preceding calendar year of other land, exclusive of
| ||||||
14 | improvements, that is adjacent or in the same general | ||||||
15 | neighborhood, and the
amount of
that assessed valuation shall | ||||||
16 | not be increased during the period set pursuant
to
subsection
| ||||||
17 | (a) so long as the real property is owned by a neighborhood
| ||||||
18 | redevelopment
corporation or its immediate successor and used | ||||||
19 | in accordance with a
development plan authorized by the
| ||||||
20 | Redevelopment Commission.
| ||||||
21 | (d) For the next ensuing period not in excess of 15 years, | ||||||
22 | general real
estate taxes
upon that
real property shall be
| ||||||
23 | abated in an amount not to exceed 50% of the taxes imposed by | ||||||
24 | each taxing
district
so long as the real property is owned by a
| ||||||
25 | neighborhood
redevelopment corporation or its immediate | ||||||
26 | successor and used in accordance
with an authorized development
| ||||||
27 | plan.
| ||||||
28 | (e) After a period totaling not more than 25 years, the | ||||||
29 | real property shall
be subject to
assessment and payment of all | ||||||
30 | real estate taxes, based on the full fair cash
value of
the | ||||||
31 | real
property.
| ||||||
32 | (f) The tax abatement authorized by this Section shall not
| ||||||
33 | become
effective unless the governing body of the city, | ||||||
34 | village, or
incorporated town in
which the property is located | ||||||
35 | does all of the following:
| ||||||
36 | (1) Furnishes each taxing district whose boundaries |
| |||||||
| |||||||
1 | for real estate
taxation purposes include any portion of | ||||||
2 | the real property to be affected by
the
tax
abatement with | ||||||
3 | a written statement of the impact on real estate
taxes the | ||||||
4 | tax abatement will have on those taxing districts
and
| ||||||
5 | written notice of the hearing to be held in accordance with | ||||||
6 | subdivision (f)(2).
The
written statement and notice | ||||||
7 | required by this subdivision (f)(1) shall be
furnished
as | ||||||
8 | provided by local ordinance before the hearing and shall | ||||||
9 | include, but need
not
be limited to, an estimate of the | ||||||
10 | amount of real estate tax revenues of each
taxing district | ||||||
11 | that will be affected by the proposed tax
abatement, based | ||||||
12 | on the estimated assessed valuation of the real property
| ||||||
13 | involved as the property would exist before and after it is | ||||||
14 | redeveloped.
| ||||||
15 | (2) Conducts a public hearing regarding the tax | ||||||
16 | abatement.
At
the hearing all taxing districts described in | ||||||
17 | subdivision (f)(1)
have
the right to be heard on the grant | ||||||
18 | of any tax abatement.
| ||||||
19 | (3) Enacts an ordinance that provides for expiration of | ||||||
20 | the
tax abatement.
The ordinance shall provide for a
| ||||||
21 | duration of time within which the real property must be | ||||||
22 | acquired and may allow
for
acquisition of property under | ||||||
23 | the plan in phases.
| ||||||
24 | (g) Notwithstanding any other provision of law to the | ||||||
25 | contrary, payments
in lieu
of taxes may be imposed by contract | ||||||
26 | between a city, village, or incorporated
town and a
| ||||||
27 | neighborhood redevelopment corporation or its immediate | ||||||
28 | successor that receives
a tax abatement
on
property pursuant to | ||||||
29 | this Section. The payments shall be made to the county
| ||||||
30 | collector of
the county by December 31 of each year payments | ||||||
31 | are due. The
governing
body of
the city, village, or | ||||||
32 | incorporated town shall furnish the collector with a copy
of
| ||||||
33 | any such
contract requiring payment in lieu of taxes. The | ||||||
34 | collector shall allocate all
revenues
received from the payment | ||||||
35 | in lieu of taxes among all taxing districts whose
real estate | ||||||
36 | tax
revenues are affected by the abatement on the same pro rata |
| |||||||
| |||||||
1 | basis
and in the
same manner as the real estate tax revenues | ||||||
2 | received by each taxing
district
from that property in the year | ||||||
3 | the payments are due.
| ||||||
4 | (315 ILCS 20/17) (from Ch. 67 1/2, par. 267)
| ||||||
5 | Sec. 17. Acquisition of property and construction subject | ||||||
6 | to
approval - Application for and issuance of certificates of | ||||||
7 | convenience
and necessity). No Neighborhood Redevelopment | ||||||
8 | Corporation shall acquire title to any
Real Property, or any | ||||||
9 | interest therein except by way of unexercised
option, or | ||||||
10 | institute any Development without making written
application | ||||||
11 | to the Redevelopment Commission for approval of the proposed
| ||||||
12 | Development Plan in the manner hereinafter prescribed, and | ||||||
13 | without securing
the certificate of convenience and necessity | ||||||
14 | to be
issued by the Redevelopment Commission upon the | ||||||
15 | conditions hereinafter
mentioned.
| ||||||
16 | (1) The application of a Neighborhood Redevelopment | ||||||
17 | Corporation for
approval of its proposed Development Plan shall | ||||||
18 | contain:
| ||||||
19 | (a) The legal description of the proposed Development Area | ||||||
20 | and the
description thereof by city blocks, street and number, | ||||||
21 | if any.
| ||||||
22 | (b) A statement of the character of the estates in Real | ||||||
23 | Property to
be acquired by the Neighborhood Redevelopment | ||||||
24 | Corporation.
| ||||||
25 | (c) A statement showing the present use of the Real | ||||||
26 | Property in the
proposed Development Area, the zoning | ||||||
27 | restrictions, if any, thereon, and
the private restrictions, if | ||||||
28 | any, of record, and that no interest in
Real Property in the | ||||||
29 | proposed Development Area is to be acquired because
of the | ||||||
30 | race, color, creed, national origin or sex of any person owning | ||||||
31 | or
claiming an interest in that Real Property.
| ||||||
32 | (d) A statement of the existing buildings or improvements | ||||||
33 | in the
Development Area, if any, which are to be demolished.
| ||||||
34 | (e) A statement of the existing buildings or improvements, | ||||||
35 | if any,
in the Development Area which are not to be immediately |
| |||||||
| |||||||
1 | demolished and
the approximate period of time within which the | ||||||
2 | demolition, if any, of
each such building or improvement is to | ||||||
3 | take place.
| ||||||
4 | (f) A statement of the proposed improvements, if any, of | ||||||
5 | each
building, if any, not to be demolished immediately, and | ||||||
6 | any proposed
repairs or alterations of such buildings.
| ||||||
7 | (g) A statement of the type, number and character of each | ||||||
8 | new
industrial, commercial, residential, public or other | ||||||
9 | building or
improvement to be erected or made.
| ||||||
10 | (h) A metes and bounds description of that portion of the | ||||||
11 | proposed
Development Area to be devoted for a park, playground | ||||||
12 | or recreation
center for the use of the Development, the | ||||||
13 | specific use to which such
portion is to be put and the manner | ||||||
14 | in which it shall be improved.
| ||||||
15 | (i) A statement of those portions, if any, of the proposed
| ||||||
16 | Development Area (other than the portions to be devoted for a | ||||||
17 | park,
playground or recreation center for the use of the | ||||||
18 | Development) to be
left as open land area and the manner in | ||||||
19 | which such portions, if any,
shall be maintained.
| ||||||
20 | (j) A statement of recommended changes, if any, in the | ||||||
21 | zoning
ordinances, necessary or desirable for the Development | ||||||
22 | and its
protection against blighting influences.
| ||||||
23 | (k) A statement of recommended changes, if any, in streets | ||||||
24 | or street
levels and of recommended vacations, if any, of | ||||||
25 | streets, alleys, or
other public spaces.
| ||||||
26 | (l) A statement in detail of the estimated Development Cost | ||||||
27 | and of
the proposed method of financing the Development, | ||||||
28 | sufficient to give
assurance that the Neighborhood | ||||||
29 | Redevelopment Corporation will be able
to complete and operate | ||||||
30 | the Development.
| ||||||
31 | (m) An estimate of the periods of time within which, after | ||||||
32 | the
approval of the Development Plan, the Neighborhood | ||||||
33 | Redevelopment
Corporation will be able to initiate and to | ||||||
34 | complete its Development, excepting
unexpected delays not
| ||||||
35 | caused by it.
| ||||||
36 | (n) A statement of the character, approximate number of |
| |||||||
| |||||||
1 | units,
approximate rentals and approximate date of | ||||||
2 | availability of the proposed
dwelling accommodations, if any, | ||||||
3 | to be furnished during construction and
upon completion of the | ||||||
4 | Development.
| ||||||
5 | (o) Such other statements or material as the applicant | ||||||
6 | Neighborhood
Redevelopment Corporation deems relevant, | ||||||
7 | including recommendations for
the Redevelopment of one or more | ||||||
8 | areas contiguous to the proposed
Development Area.
| ||||||
9 | (2) No certificate of convenience and necessity shall be | ||||||
10 | issued by
the Redevelopment Commission upon application by a | ||||||
11 | Neighborhood
Redevelopment Corporation except upon the | ||||||
12 | fulfillment of the following
conditions:
| ||||||
13 | (a) That the Neighborhood Redevelopment Corporation has | ||||||
14 | filed with
the Redevelopment Commission a bond, in form and | ||||||
15 | with surety or sureties
satisfactory to the Redevelopment | ||||||
16 | Commission, in the penal sum of ten
per centum of the estimated | ||||||
17 | Development Cost as set out in the
application of the | ||||||
18 | Neighborhood Redevelopment Corporation but in no
event to | ||||||
19 | exceed $10,000.00, payable to the city, village or incorporated
| ||||||
20 | town creating the Redevelopment Commission, the payment to be | ||||||
21 | deposited
in the general corporate fund of such city, village | ||||||
22 | or incorporated
town, the bond to be conditioned upon the | ||||||
23 | initiation and completion of
the Development within the | ||||||
24 | respective time limits, or authorized
extensions thereof, | ||||||
25 | prescribed by the Redevelopment Commission.
| ||||||
26 | (b) That the Neighborhood Redevelopment Corporation has | ||||||
27 | agreed in
writing to incorporate in its instruments of sale, | ||||||
28 | conveyance, transfer,
lease or assignment such restrictions as | ||||||
29 | the Redevelopment Commission
may by rule, pursuant to paragraph | ||||||
30 | 1 of Section 25 of this Act, impose
as to the type of | ||||||
31 | construction, use, landscape and architectural design
of the | ||||||
32 | Development.
| ||||||
33 | (c) That the Neighborhood Redevelopment Corporation, other | ||||||
34 | than for
or in a Conservation Area, has agreed in writing to | ||||||
35 | devote as a minimum
ten per centum of the Development Area for | ||||||
36 | a park, playground or
recreation center for the use of the |
| |||||||
| |||||||
1 | Development (the site or sites for
which shall be determined by | ||||||
2 | the Redevelopment Commission), to provide
adequate financial | ||||||
3 | arrangements for defraying the upkeep thereof during
its | ||||||
4 | corporate existence, and to place thereon, in the manner | ||||||
5 | prescribed
by subparagraph (b) of paragraph 2 of this Section, | ||||||
6 | such use
restrictions as the Development Commission may by rule | ||||||
7 | impose; Provided,
that in determining the proportion of open | ||||||
8 | land area required by any
zoning ordinance compared to the land | ||||||
9 | area used for building purposes,
the portion so devoted for | ||||||
10 | park, playground or recreation center shall
be counted as open | ||||||
11 | land area.
| ||||||
12 | (d) That the Neighborhood Redevelopment Corporation has | ||||||
13 | agreed in
writing that in selling, leasing and managing all | ||||||
14 | Real Property subject
to the plan there will be no | ||||||
15 | discrimination against any person on
account of race, color, | ||||||
16 | creed, national origin or sex.
| ||||||
17 | (e) That the Redevelopment Commission shall, after the | ||||||
18 | public
hearing provided by paragraph 1 of Section 18 of this | ||||||
19 | Act, have made the
determinations provided in paragraph 3 of | ||||||
20 | this Section 17, either
originally or after the application has | ||||||
21 | been remanded upon judicial
review.
| ||||||
22 | (3) The Redevelopment Commission, before the issuance of | ||||||
23 | the
certificate of convenience and necessity to a Neighborhood | ||||||
24 | Redevelopment
Corporation, shall determine that:
| ||||||
25 | (a) The Development Area is within an area which, under the
| ||||||
26 | conditions existing at the time, is a Slum and Blight or | ||||||
27 | Conservation
Area as defined by this Act and that no interest | ||||||
28 | in Real Property in the
proposed Development Area is to be | ||||||
29 | acquired because of the race, color,
creed, national origin or | ||||||
30 | sex of any person owning or claiming any interest
in that Real | ||||||
31 | Property.
| ||||||
32 | (b) The Redevelopment of the Development Area in accordance | ||||||
33 | with the
Development Plan is designed to effectuate the public | ||||||
34 | purposes declared
in Section 2 of this Act.
| ||||||
35 | (c) The Development Plan conforms to the zoning ordinances, | ||||||
36 | if any,
applicable to the Development Area, and further |
| |||||||
| |||||||
1 | conforms to the official
plan of the city, village or | ||||||
2 | incorporated town wherein the Development
Area is located, or, | ||||||
3 | in the absence of such an official plan, to the
plan, if any, | ||||||
4 | adopted by the Plan Commission, if any, of such city,
village | ||||||
5 | or incorporated town as evidenced by a report on such adopted
| ||||||
6 | plan prepared by such Plan Commission and on file with the | ||||||
7 | Redevelopment
Commission.
| ||||||
8 | (d) Public facilities, including, but not limited to, fire | ||||||
9 | and
police protection, and recreation, are presently adequate, | ||||||
10 | or will be
adequate at the time that the Development is ready | ||||||
11 | for use, to service
the Development Area.
| ||||||
12 | (e) The execution of the Development Plan will not cause | ||||||
13 | undue
hardship to the families, if any, occupying dwelling | ||||||
14 | accommodations in
the Development Area, to such a degree as to | ||||||
15 | outweigh the public use
defined in Section 2 of this Act to be | ||||||
16 | achieved through the
Redevelopment of such Development Area.
| ||||||
17 | (f) The estimated Development Cost of the Development is | ||||||
18 | sufficient
for the proposed Redevelopment.
| ||||||
19 | (g) Other than in or for a Conservation Area, no portion, | ||||||
20 | greater by
ten per centum in area, of the Development Area is | ||||||
21 | designed by the
Development Plan for use other than residential | ||||||
22 | except in those
instances wherein the Plan Commission, if any, | ||||||
23 | of the city, village or
incorporated town concerned, has filed | ||||||
24 | with the Redevelopment
Commission, pursuant to paragraph 1 of | ||||||
25 | Section 18 of this Act, an
advisory report recommending a | ||||||
26 | greater portion by area than ten per
centum, in which | ||||||
27 | instances, no portion, greater than that so
recommended, of the | ||||||
28 | Development Area is designed by the Development Plan
for use | ||||||
29 | other than residential.
| ||||||
30 | (h) The conditions prescribed by paragraph 2 of this | ||||||
31 | Section have
been fulfilled.
| ||||||
32 | (4) No certificate of convenience and necessity shall be | ||||||
33 | issued by a
Redevelopment Commission in St. Clair County | ||||||
34 | without the approval, by a
majority vote,
of the city council | ||||||
35 | or the board of trustees of the village or
incorporated town, | ||||||
36 | as
the case may be, in which the Development Area is located.
|
| |||||||
| |||||||
1 | (Source: P.A. 81-266.)
|