(315 ILCS 25/5) (from Ch. 67 1/2, par. 91.12)
Sec. 5.
Designation of conservation areas-Preparation of plan-Opinion by plan
commission-Approval by governing body.
Whenever the Board determines that an area within the municipality may
be eligible for designation as a Conservation Area within the meaning of
this Act, it shall make such investigation and hold such hearings as may
be required, including at least one public hearing held within the area.
Any hearing may be conducted by the Board or by a committee appointed by
it, consisting of one or more members of the Board. The Board may after
such hearing designate such areas as Conservation Areas for the purposes of
this Act. Such designation together with an accurate description of the
area included in such designation shall be made by resolution of the
majority of the Board and be part of the records of the Board.
Following such designation the Board shall draw up or have submitted for
its approval a conservation plan for the Area, which plan may include but
is not limited to (1) land uses, residential and non-residential; (2)
improvement, alteration, or vacation of major and minor streets and alleys,
provision for restricted service access, and off-street parking; (3)
locations and easements for public utilities; (4) community facilities; (5)
landscaping and site engineering; (6) building restrictions; (7)
recommended construction including new buildings, rehabilitation and
conversions, demolition of designated structures, and elimination of
non-conforming uses; (8) population density, ground coverage, and number of
dwelling units recommended; (9) recommended standards of maintenance, and
requirements of applicable health and safety ordinances; (10) zoning and/or
rezoning required; (11) costs and financing arrangements of public portions
of the plan; (12) recommended time table of various stages of the program;
(13) any and all other steps needed to carry out the plan. Such plan shall
conform to the comprehensive plan, if any, of the municipality. In any
municipality which has provided for the creation of a Conservation Board,
to operate within the boundaries of such municipality, pursuant to the
provisions of this Act, the Board shall nominate and the presiding officer
shall appoint no less than nine nor more than fifteen residents of each
Conservation Area designated by the Board to serve as a "Conservation
Community Council" for their respective areas. One member of each such
council shall be designated as Chairman by the presiding officer. Members
of such councils shall be appointed to serve three year terms except that
one-third of the initial membership of each council shall serve terms of
one year and one-third of the initial membership shall serve terms of two
years. Members shall serve without pay and shall be eligible to succeed
themselves. A member shall hold office until his successor shall have been
appointed and qualified. No member of a council may hold public or
political party office during his period of membership. A majority of each
council created must be the legal or equitable owners of real property
located within their respective Conservation Areas. A majority of the
members of each council shall constitute a quorum to transact business and
no vacancy shall impair the right of the remaining members to exercise all
the powers of each council, and every action of a conservation community
council approved by a majority of the members present shall be deemed to be
the action of the conservation community council; provided that not less
than five members shall constitute a quorum.
The councils shall:
(a) Consult with, assist and advise the Board in the preparation of the
Conservation Plan for their respective areas;
(b) Assist the Board in the administration of the Conservation Plan
within their respective areas;
(c) Approve by majority vote as hereinbefore provided the Conservation
Plan for their respective areas before it is submitted to the governing
body, as hereinafter provided;
(d) Take vigorous appropriate steps to reconstitute community pride and
encourage self-help through planned individual and block rehabilitation
efforts within their respective areas.
The municipality may hire personnel necessary for the functions of the
Board. The Board shall cooperate and consult with public and private
agencies and individuals interested in the area, in preparing the plan.
Upon its completion the plan shall be submitted to the governing body,
together with a request for such implementing legislation as may be
required and within the authority of the governing body and the opinion of
the Plan Commission of the municipality, if any, on the merits of the plan.
The governing body of the municipality shall by resolution adopt or
reject such plan. Following favorable action by the governing body, the
Board shall certify such plan as adopted and may thereafter exercise in
such areas the powers granted under this Act; provided that nothing in this
section shall restrict the Board from the exercise within the municipality
of any other powers which have been delegated to it by the governing body,
notwithstanding the failure to certify any conservation plan as adopted.
(Source: Laws 1955, p. 1990.)
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