Section 520.310  Application to Change Boundaries

a)         Eligibility Criteria for Proposed Additions.  The boundaries of an approved Enterprise Zone may be amended to add areas on forms provided by the Department.  An area is eligible if it meets the qualifications described in Section 4 of the Act, and the application to amend the Enterprise Zone ordinance provides analyses and documentation that:

1)         Required Tests. The area meets at least three of the tests described in Section 520.210(d); or

2)         Immediate Benefit. The proposed addition provides an immediate benefit to the established Enterprise Zone and its residents within two years or less by:

A)        Full-Time Jobs. Creating or retaining permanent full-time jobs; or

B)        Removing Impediments. Removing or correcting an impediment to economic development that exists in the established Enterprise Zone; or

C)        Stimulating Revitalization. Stimulating neighborhood residential or commercial revitalization.

b)         Eligibility Criteria for Proposed Deletions.  The boundaries of an approved Enterprise Zone may be amended, on forms provided by the Department, to delete areas.  An area is eligible if it meets the qualifications described in Section 4 of the Act, and the application to amend the Enterprise Zone ordinance provides analyses and documentation that:

1)         Required Assurance.  The area does not meet any one of the tests described in Section 520.210(d); or

2)         Accomplishment of Local Objectives.  The area is an area in which the local objectives for economic development or neighborhood revitalization of the Enterprise Zone have been accomplished.

c)         Overlapping Territory.  Any territory that is part of an Enterprise Zone initially certified by the Department on or after January 1, 2015 that is part of a previously certified Enterprise Zone shall be deleted from the older Enterprise Zone and shall be part of the newly certified Enterprise Zone, provided that:

1)         An application to delete territory under this Section does not need to be filed with the Department for territory to be deleted pursuant to this subsection (c);

2)         The application for certification of the new Enterprise Zone and the designating ordinance must indicate any territory within the new Enterprise Zone that is to be deleted from the older Enterprise Zone; and

3)         The "benefit entitlement" provisions of Section 5.4(e) and (f) of the Act (described in Section 520.315(a)(2)(A), (B) and (C)) shall apply.

(Source:  Amended at 38 Ill. Reg. 457, effective December 20, 2013)