Full Text of HB3418 100th General Assembly
HB3418enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Agriculture Law of the Civil | 5 | | Administrative
Code of Illinois is amended by adding Section | 6 | | 205-65 as follows: | 7 | | (20 ILCS 205/205-65 new) | 8 | | Sec. 205-65. Municipal Urban Agricultural Areas. The | 9 | | Department shall adopt rules consistent with the purposes of | 10 | | Division 15.4 of the Illinois Municipal Code. The Department | 11 | | shall adopt, at a minimum, rules defining "small or medium | 12 | | sized farmer", "beginning farmer", "limited resource farmer", | 13 | | and "socially-disadvantaged farmer" as used in Section | 14 | | 11-15.4-5 of the Illinois Municipal Code and shall consider | 15 | | definitions of these terms set forth in the Agricultural Act of | 16 | | 2014 or the most recent federal Agricultural Act and the use of | 17 | | those terms by the United States Department of Agriculture. | 18 | | Upon request from a municipality, the Department shall issue | 19 | | opinions regarding the consistency of applicants covered under | 20 | | these definitions. | 21 | | Section 10. The Property Tax Code is amended by changing | 22 | | Section 18-165 as follows:
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| 1 | | (35 ILCS 200/18-165)
| 2 | | Sec. 18-165. Abatement of taxes.
| 3 | | (a) Any taxing district, upon a majority vote of its | 4 | | governing authority,
may, after the determination of the | 5 | | assessed valuation of its property, order
the clerk of that | 6 | | county to abate any portion of its taxes on the following
types | 7 | | of property:
| 8 | | (1) Commercial and industrial.
| 9 | | (A) The property of any commercial or industrial | 10 | | firm,
including but not limited to the property of (i) | 11 | | any firm that
is used for collecting, separating, | 12 | | storing, or processing recyclable
materials, locating | 13 | | within the taxing district during the immediately | 14 | | preceding
year from another state, territory, or | 15 | | country, or having been newly created
within this State | 16 | | during the immediately preceding year, or expanding an
| 17 | | existing facility, or (ii) any firm that is used for | 18 | | the generation and
transmission of
electricity | 19 | | locating within the taxing district during the | 20 | | immediately
preceding year or expanding its presence | 21 | | within the taxing district during the
immediately | 22 | | preceding year by construction of a new electric | 23 | | generating
facility that uses natural gas as its fuel, | 24 | | or any firm that is used for
production operations at a | 25 | | new,
expanded, or reopened coal mine within the taxing |
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| 1 | | district, that
has been certified as a High Impact | 2 | | Business by the Illinois Department of
Commerce and | 3 | | Economic Opportunity. The property of any firm used for | 4 | | the
generation and transmission of electricity shall | 5 | | include all property of the
firm used for transmission | 6 | | facilities as defined in Section 5.5 of the Illinois
| 7 | | Enterprise Zone Act. The abatement shall not exceed a | 8 | | period of 10 years
and the aggregate amount of abated | 9 | | taxes for all taxing districts combined
shall not | 10 | | exceed $4,000,000.
| 11 | | (A-5) Any property in the taxing district of a new | 12 | | electric generating
facility, as defined in Section | 13 | | 605-332 of the Department of Commerce and
Economic | 14 | | Opportunity Law of the Civil Administrative Code of | 15 | | Illinois.
The abatement shall not exceed a period of 10 | 16 | | years.
The abatement shall be subject to the following | 17 | | limitations:
| 18 | | (i) if the equalized assessed valuation of the | 19 | | new electric generating
facility is equal to or | 20 | | greater than $25,000,000 but less
than | 21 | | $50,000,000, then the abatement may not exceed (i) | 22 | | over the entire term
of the abatement, 5% of the | 23 | | taxing district's aggregate taxes from the
new | 24 | | electric generating facility and (ii) in any one
| 25 | | year of abatement, 20% of the taxing district's | 26 | | taxes from the
new electric generating facility;
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| 1 | | (ii) if the equalized assessed valuation of | 2 | | the new electric
generating facility is equal to or | 3 | | greater than $50,000,000 but less
than | 4 | | $75,000,000, then the abatement may not exceed (i) | 5 | | over the entire term
of the abatement, 10% of the | 6 | | taxing district's aggregate taxes from the
new | 7 | | electric generating facility and (ii) in any one
| 8 | | year of abatement, 35% of the taxing district's | 9 | | taxes from the
new electric generating facility;
| 10 | | (iii) if the equalized assessed valuation of | 11 | | the new electric
generating facility
is equal to or | 12 | | greater than $75,000,000 but less
than | 13 | | $100,000,000, then the abatement may not exceed | 14 | | (i) over the entire term
of the abatement, 20% of | 15 | | the taxing district's aggregate taxes from the
new | 16 | | electric generating facility and (ii) in any one
| 17 | | year of abatement, 50% of the taxing district's | 18 | | taxes from the
new electric generating facility;
| 19 | | (iv) if the equalized assessed valuation of | 20 | | the new electric
generating facility is equal to or | 21 | | greater than $100,000,000 but less
than | 22 | | $125,000,000, then the
abatement may not exceed | 23 | | (i) over the entire term of the abatement, 30% of | 24 | | the
taxing district's aggregate taxes from the new | 25 | | electric generating facility
and (ii) in any one | 26 | | year of abatement, 60% of the taxing
district's |
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| 1 | | taxes from the new electric generating facility;
| 2 | | (v) if the equalized assessed valuation of the | 3 | | new electric generating
facility is equal to or | 4 | | greater than $125,000,000 but less
than | 5 | | $150,000,000, then the
abatement may not exceed | 6 | | (i) over the entire term of the abatement, 40% of | 7 | | the
taxing district's aggregate taxes from the new | 8 | | electric generating facility
and (ii) in any one | 9 | | year of abatement, 60% of the taxing
district's | 10 | | taxes from the new electric generating facility;
| 11 | | (vi) if the equalized assessed valuation of | 12 | | the new electric
generating facility is equal to or | 13 | | greater than $150,000,000, then the
abatement may | 14 | | not exceed (i) over the entire term of the | 15 | | abatement, 50% of the
taxing district's aggregate | 16 | | taxes from the new electric generating facility
| 17 | | and (ii) in any one year of abatement, 60% of the | 18 | | taxing
district's taxes from the new electric | 19 | | generating facility.
| 20 | | The abatement is not effective unless
the owner of | 21 | | the new electric generating facility agrees to
repay to | 22 | | the taxing district all amounts previously abated, | 23 | | together with
interest computed at the rate and in the | 24 | | manner provided for delinquent taxes,
in the event that | 25 | | the owner of the new electric generating facility | 26 | | closes the
new electric generating facility before the |
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| 1 | | expiration of the
entire term of the abatement.
| 2 | | The authorization of taxing districts to abate | 3 | | taxes under this
subdivision (a)(1)(A-5) expires on | 4 | | January 1, 2010.
| 5 | | (B) The property of any commercial or industrial
| 6 | | development of at least (i) 500 acres or (ii) 225 acres | 7 | | in the case of a commercial or industrial
development | 8 | | that applies for and is granted designation as a High | 9 | | Impact Business under paragraph (F) of item (3) of | 10 | | subsection (a) of Section 5.5 of the Illinois | 11 | | Enterprise Zone Act, having been created within the | 12 | | taxing
district. The abatement shall not exceed a | 13 | | period of 20 years and the
aggregate amount of abated | 14 | | taxes for all taxing districts combined shall not
| 15 | | exceed $12,000,000.
| 16 | | (C) The property of any commercial or industrial | 17 | | firm currently
located in the taxing district that | 18 | | expands a facility or its number of
employees. The | 19 | | abatement shall not exceed a period of 10 years and the
| 20 | | aggregate amount of abated taxes for all taxing | 21 | | districts combined shall not
exceed $4,000,000. The | 22 | | abatement period may be renewed at the option of the
| 23 | | taxing districts.
| 24 | | (2) Horse racing. Any property in the taxing district | 25 | | which
is used for the racing of horses and upon which | 26 | | capital improvements consisting
of expansion, improvement |
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| 1 | | or replacement of existing facilities have been made
since | 2 | | July 1, 1987. The combined abatements for such property | 3 | | from all taxing
districts in any county shall not exceed | 4 | | $5,000,000 annually and shall not
exceed a period of 10 | 5 | | years.
| 6 | | (3) Auto racing. Any property designed exclusively for | 7 | | the racing of
motor vehicles. Such abatement shall not | 8 | | exceed a period of 10 years.
| 9 | | (4) Academic or research institute. The property of any | 10 | | academic or
research institute in the taxing district that | 11 | | (i) is an exempt organization
under paragraph (3) of | 12 | | Section 501(c) of the Internal Revenue Code, (ii)
operates | 13 | | for the benefit of the public by actually and exclusively | 14 | | performing
scientific research and making the results of | 15 | | the research available to the
interested public on a | 16 | | non-discriminatory basis, and (iii) employs more than
100 | 17 | | employees. An abatement granted under this paragraph shall | 18 | | be for at
least 15 years and the aggregate amount of abated | 19 | | taxes for all taxing
districts combined shall not exceed | 20 | | $5,000,000.
| 21 | | (5) Housing for older persons. Any property in the | 22 | | taxing district that
is devoted exclusively to affordable | 23 | | housing for older households. For
purposes of this | 24 | | paragraph, "older households" means those households (i)
| 25 | | living in housing provided under any State or federal | 26 | | program that the
Department of Human Rights determines is |
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| 1 | | specifically designed and operated to
assist elderly | 2 | | persons and is solely occupied by persons 55 years of age | 3 | | or
older and (ii) whose annual income does not exceed 80% | 4 | | of the area gross median
income, adjusted for family size, | 5 | | as such gross income and median income are
determined from | 6 | | time to time by the United States Department of Housing and
| 7 | | Urban Development. The abatement shall not exceed a period | 8 | | of 15 years, and
the aggregate amount of abated taxes for | 9 | | all taxing districts shall not exceed
$3,000,000.
| 10 | | (6) Historical society. For assessment years 1998 | 11 | | through 2018, the
property of an historical society | 12 | | qualifying as an exempt organization under
Section | 13 | | 501(c)(3) of the federal Internal Revenue Code.
| 14 | | (7) Recreational facilities. Any property in the | 15 | | taxing district (i)
that is used for a municipal airport, | 16 | | (ii) that
is subject to a leasehold assessment under | 17 | | Section 9-195 of this Code and (iii)
which
is sublet from a | 18 | | park district that is leasing the property from a
| 19 | | municipality, but only if the property is used exclusively | 20 | | for recreational
facilities or for parking lots used | 21 | | exclusively for those facilities. The
abatement shall not | 22 | | exceed a period of 10 years.
| 23 | | (8) Relocated corporate headquarters. If approval | 24 | | occurs within 5 years
after the effective date of this | 25 | | amendatory Act of the 92nd General Assembly,
any property | 26 | | or a portion of any property in a taxing district that is |
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| 1 | | used by
an eligible business for a corporate headquarters | 2 | | as defined in the Corporate
Headquarters Relocation Act. | 3 | | Instead of an abatement under this paragraph (8),
a taxing | 4 | | district may enter into an agreement with an eligible | 5 | | business to make
annual payments to that eligible business | 6 | | in an amount not to exceed the
property taxes paid directly | 7 | | or indirectly by that eligible business to the
taxing | 8 | | district and any other taxing districts for
premises | 9 | | occupied pursuant to a written lease and may make those | 10 | | payments
without the need for an annual appropriation. No | 11 | | school district, however, may
enter into an agreement with, | 12 | | or abate taxes for, an eligible business unless
the | 13 | | municipality in which the corporate headquarters is | 14 | | located agrees to
provide funding to the school district in | 15 | | an amount equal to the amount abated
or paid by the school | 16 | | district as provided in this paragraph (8).
Any abatement | 17 | | ordered or
agreement entered into under this paragraph (8) | 18 | | may be effective for the entire
term specified by the | 19 | | taxing district, except the term of the abatement or
annual | 20 | | payments may not exceed 20 years. | 21 | | (9) United States Military Public/Private Residential | 22 | | Developments. Each building, structure, or other | 23 | | improvement designed, financed, constructed, renovated, | 24 | | managed, operated, or maintained after January 1, 2006 | 25 | | under a "PPV Lease", as set forth under Division 14 of | 26 | | Article 10, and any such PPV Lease.
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| 1 | | (10) Property located in a business corridor that | 2 | | qualifies for an abatement under Section 18-184.10. | 3 | | (11) Under Section 11-15.4-25 of the Illinois | 4 | | Municipal Code, property located within an urban | 5 | | agricultural area that is used by a qualifying farmer for | 6 | | processing, growing, raising, or otherwise producing | 7 | | agricultural products. | 8 | | (b) Upon a majority vote of its governing authority, any | 9 | | municipality
may, after the determination of the assessed | 10 | | valuation of its property, order
the county clerk to abate any | 11 | | portion of its taxes on any property that is
located within the | 12 | | corporate limits of the municipality in accordance with
Section | 13 | | 8-3-18 of the Illinois Municipal Code.
| 14 | | (Source: P.A. 97-577, eff. 1-1-12; 97-636, eff. 6-1-12; 98-109, | 15 | | eff. 7-25-13.)
| 16 | | Section 15. The Illinois Municipal Code is amended by | 17 | | changing Section 11-74.4-3 and by adding Division 15.4 to | 18 | | Article 11 as follows: | 19 | | (65 ILCS 5/Art. 11 Div. 15.4 heading new) | 20 | | DIVISION 15.4. MUNICIPAL URBAN AGRICULTURAL AREAS | 21 | | (65 ILCS 5/11-15.4-5 new) | 22 | | Sec. 11-15.4-5. Definitions. As used in this Division: | 23 | | "Agricultural product" means an agricultural, |
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| 1 | | horticultural, viticultural, aquacultural, or vegetable | 2 | | product, either in its natural or processed state, that has | 3 | | been produced, processed, or otherwise had value added to it in | 4 | | this State. "Agricultural product" includes, but is not limited | 5 | | to, growing of grapes that will be processed into wine; bees; | 6 | | honey; fish or other aquacultural product; planting seed; | 7 | | livestock or livestock product; forestry product; and poultry | 8 | | or poultry product. | 9 | | "Aquaculture" and "aquatic products" have the meanings | 10 | | given to those terms in Section 4 of the Aquaculture | 11 | | Development Act. | 12 | | "Department" means the Department of Agriculture. | 13 | | "Livestock" means cattle; calves; sheep; swine; ratite | 14 | | birds, including, but not limited to, ostrich and emu; aquatic | 15 | | products obtained through aquaculture; llamas; alpaca; | 16 | | buffalo; elk documented as obtained from a legal source and not | 17 | | from the wild; goats; horses and other equines; or rabbits | 18 | | raised in confinement for human consumption. | 19 | | "Locally grown" means a product that was grown or raised in | 20 | | the same county or adjoining county in which the urban | 21 | | agricultural area is located. | 22 | | "Partner organization" means a nonprofit organization that | 23 | | meets standards set forth by Section 501(c)(3) of the Internal | 24 | | Revenue Code and whose mission includes supporting small, | 25 | | beginning, limited resource, or socially-disadvantaged farmers | 26 | | within municipalities. |
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| 1 | | "Poultry" means any domesticated bird intended for human | 2 | | consumption. | 3 | | "Qualifying farmer" means an individual or entity that | 4 | | meets at least one of the following: | 5 | | (1) is a small or medium sized farmer; | 6 | | (2) is a beginning farmer; | 7 | | (3) is a limited resource farmer; or | 8 | | (4) is a socially-disadvantaged farmer. | 9 | | "Small or medium sized farmer", "beginning farmer", | 10 | | "limited resource farmer", and "socially-disadvantaged farmer" | 11 | | have the meanings given to those terms in rules adopted by the | 12 | | Department as provided in Section 205-65 of the Department of | 13 | | Agriculture Law. | 14 | | "Urban agricultural area" means an area defined by a | 15 | | municipality and entirely within that municipality's | 16 | | boundaries within which one or more qualifying farmers are | 17 | | processing, growing, raising, or otherwise producing | 18 | | locally-grown agricultural products. | 19 | | (65 ILCS 5/11-15.4-10 new) | 20 | | Sec. 11-15.4-10. Urban agricultural area committee. | 21 | | (a) The corporate authorities of a municipality that seek | 22 | | to establish an urban agricultural area shall first establish | 23 | | an urban agricultural area committee after it receives an | 24 | | application to establish an urban agricultural area under | 25 | | Section 11-15.4-15. There shall be 5 members on the committee. |
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| 1 | | One member of the committee shall be a member of the | 2 | | municipality's board and shall be appointed by the board.
The | 3 | | remaining 4 members shall be appointed by the president or | 4 | | mayor of the municipality. The 4 members chosen by the | 5 | | president or mayor shall all be residents of the municipality | 6 | | in which the urban agricultural area is to be located, and at | 7 | | least one of the 4 members shall have experience in or | 8 | | represent an organization associated with sustainable | 9 | | agriculture, urban farming, community gardening, or any of the | 10 | | activities or products authorized by this Division for urban | 11 | | agricultural areas. | 12 | | (b) The members of the committee annually shall elect a | 13 | | chair from among the members. The members shall serve without | 14 | | compensation, but may be reimbursed for actual and necessary | 15 | | expenses incurred in the performance of their official duties. | 16 | | (c) A majority of the members shall constitute a quorum of | 17 | | the committee for the purpose of conducting business and | 18 | | exercising the powers of the committee and for all other | 19 | | purposes. Action may be taken by the committee upon a vote of a | 20 | | majority of the members present. | 21 | | (d) The role of the committee shall be to conduct the | 22 | | activities necessary to advise the corporate authorities of the | 23 | | municipality on the designation, modification, and termination | 24 | | of an urban agricultural area and any other advisory duties as | 25 | | determined by the corporate authorities of the municipality. | 26 | | The role of the committee after the designation of an urban |
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| 1 | | agricultural area shall be review and assessment of an urban | 2 | | agricultural area's activities. | 3 | | (65 ILCS 5/11-15.4-15 new) | 4 | | Sec. 11-15.4-15. Application for an urban agricultural | 5 | | area; review; dissolution. | 6 | | (a) A qualified farmer or partner organization may submit | 7 | | to the municipal clerk an application to establish an urban | 8 | | agricultural area. The application shall demonstrate or | 9 | | identify: | 10 | | (1) that the applicant is a qualified farmer; | 11 | | (2) the number of jobs to be created, maintained, or | 12 | | supported within the proposed urban agricultural area; | 13 | | (3) the types of products to be produced; and | 14 | | (4) the geographic description of the area that will be | 15 | | included in the urban agricultural area. | 16 | | (b) An urban agricultural area committee shall review and | 17 | | modify the application as necessary before the municipality | 18 | | either approves or denies the request to establish an urban | 19 | | agricultural area. | 20 | | (c) Approval of the urban agricultural area by a | 21 | | municipality shall be reviewed every 5 years after the | 22 | | development of the urban agricultural area. After 25 years, the | 23 | | urban agricultural area shall dissolve. If the municipality | 24 | | finds during its review that the urban agricultural area is not | 25 | | meeting the requirements set out in this Division, the |
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| 1 | | municipality may dissolve the urban agricultural area by | 2 | | ordinance or resolution. | 3 | | (65 ILCS 5/11-15.4-20 new) | 4 | | Sec. 11-15.4-20. Notice and public hearing; urban | 5 | | agricultural area ordinance. Prior to the adoption of an | 6 | | ordinance designating an urban agricultural area, the urban | 7 | | agricultural area committee shall fix a time and place for a | 8 | | public hearing and notify each taxing unit of local government | 9 | | located wholly or partially within the boundaries of the | 10 | | proposed urban agricultural area. The committee shall publish | 11 | | notice of the hearing in a newspaper of general circulation in | 12 | | the area to be affected by the designation at least 20 days | 13 | | prior to the hearing but not more than 30 days prior to the | 14 | | hearing. The notice shall state the time, location, date, and | 15 | | purpose of the hearing. At the public hearing, any interested | 16 | | person or affected taxing unit of local government may file | 17 | | with the committee written objections or comments and may be | 18 | | heard orally in respect to, any issues embodied in the notice. | 19 | | The committee shall hear and consider all objections, comments, | 20 | | and other evidence presented at the hearing. The hearing may be | 21 | | continued to another date without further notice other than a | 22 | | motion to be entered upon the minutes fixing the time and place | 23 | | of the subsequent hearing. | 24 | | Following the conclusion of the public hearing required | 25 | | under this Section, the corporate authorities of the |
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| 1 | | municipality may adopt an ordinance establishing and | 2 | | designating an urban agricultural area. | 3 | | (65 ILCS 5/11-15.4-25 new) | 4 | | Sec. 11-15.4-25. Taxation of property; water rates and | 5 | | charges. | 6 | | (a) If authorized by the ordinance that establishes an | 7 | | urban agricultural area under Section 11-15.4-20, a | 8 | | municipality may provide for the abatement of taxes it levies | 9 | | upon real property located within an urban agricultural area | 10 | | that is used by a qualifying farmer for processing, growing, | 11 | | raising, or otherwise producing agricultural products under | 12 | | item (11) of subsection (a) of Section 18-165 of the Property | 13 | | Tax Code. Parcels of property assessed under Section 10-110 of | 14 | | the Property Tax Code are not eligible for the abatements | 15 | | provided in this subsection; except that if real property | 16 | | assessed under Section 10-110 is reassessed and is subsequently | 17 | | no longer assessed under Section 10-110, that property becomes | 18 | | eligible for the abatements provided for in this Section. Real | 19 | | property located in a redevelopment area created under the Tax | 20 | | Increment Allocation Redevelopment Act and an urban | 21 | | agricultural area created under this Division may be eligible | 22 | | for an abatement under this Section, but only with respect to | 23 | | the initial equalized assessed value of the real property. | 24 | | (b) A municipality may authorize an entity providing water, | 25 | | electricity, or other utilities to an urban agricultural area |
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| 1 | | to allow qualified farmers and partner organizations in the | 2 | | urban agricultural area to: (1) pay wholesale or otherwise | 3 | | reduced rates for service to property within the urban | 4 | | agricultural area that is used for processing, growing, | 5 | | raising, or otherwise producing agricultural products; or (2) | 6 | | pay reduced or waived connection charges for service to | 7 | | property within the urban agricultural area that is used for | 8 | | processing, growing, raising, or otherwise producing | 9 | | agricultural products. | 10 | | (65 ILCS 5/11-15.4-30 new) | 11 | | Sec. 11-15.4-30. Unreasonable restrictions and | 12 | | regulations; special assessments and levies. | 13 | | (a) A municipality may not exercise any of its powers to | 14 | | enact ordinances within an urban agricultural area in a manner | 15 | | that would unreasonably restrict or regulate farming practices | 16 | | in contravention of the purposes of this Act unless the | 17 | | restrictions or regulations bear a direct relationship to | 18 | | public health or safety. | 19 | | (b) A unit of local government providing public services, | 20 | | such as sewer, water, lights, or non-farm drainage, may not | 21 | | impose benefit assessments or special ad valorem levies on land | 22 | | within an urban agricultural area on the basis of frontage, | 23 | | acreage, or value unless the benefit assessments or special ad | 24 | | valorem levies were imposed prior to the formation of the urban | 25 | | agricultural area or unless the service is provided to the |
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| 1 | | landowner on the same basis as others having the service.
| 2 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| 3 | | Sec. 11-74.4-3. Definitions. The following terms, wherever | 4 | | used or
referred to in this Division 74.4 shall have the | 5 | | following respective meanings,
unless in any case a different | 6 | | meaning clearly appears from the context.
| 7 | | (a) For any redevelopment project area that has been | 8 | | designated pursuant
to this
Section by an ordinance adopted | 9 | | prior to November 1, 1999 (the effective
date of Public Act
| 10 | | 91-478), "blighted area" shall have the meaning set
forth in | 11 | | this Section
prior to that date.
| 12 | | On and after November 1, 1999,
"blighted area" means any | 13 | | improved or vacant area within the boundaries
of a | 14 | | redevelopment project area located within the territorial | 15 | | limits of
the municipality where:
| 16 | | (1) If improved, industrial, commercial, and | 17 | | residential buildings or
improvements are detrimental to | 18 | | the public safety, health, or welfare
because of a | 19 | | combination of 5 or more of the following factors, each of | 20 | | which
is (i) present, with that presence documented, to a | 21 | | meaningful extent so
that a municipality may reasonably | 22 | | find that the factor is clearly
present within the intent | 23 | | of the Act and (ii) reasonably distributed throughout
the | 24 | | improved part of the redevelopment project area:
| 25 | | (A) Dilapidation. An advanced state of disrepair |
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| 1 | | or neglect of
necessary
repairs to the primary | 2 | | structural components of buildings or improvements in
| 3 | | such a combination that a documented building | 4 | | condition analysis determines
that major repair is | 5 | | required or the defects are so serious and so extensive
| 6 | | that the buildings must be removed.
| 7 | | (B) Obsolescence. The condition or process of | 8 | | falling into disuse.
Structures have become ill-suited | 9 | | for the original use.
| 10 | | (C) Deterioration. With respect to buildings, | 11 | | defects
including, but not limited to, major defects in
| 12 | | the secondary building components such as doors, | 13 | | windows, porches, gutters and
downspouts, and fascia. | 14 | | With respect to surface improvements, that the
| 15 | | condition of roadways, alleys, curbs, gutters, | 16 | | sidewalks, off-street parking,
and surface storage | 17 | | areas evidence deterioration, including, but not | 18 | | limited
to, surface cracking, crumbling, potholes, | 19 | | depressions, loose paving material,
and weeds | 20 | | protruding through paved surfaces.
| 21 | | (D) Presence of structures below minimum code | 22 | | standards. All structures
that do not meet the | 23 | | standards of zoning, subdivision, building, fire, and
| 24 | | other governmental codes applicable to property, but | 25 | | not including housing and
property maintenance codes.
| 26 | | (E) Illegal use of individual structures. The use |
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| 1 | | of structures in
violation of applicable federal, | 2 | | State, or local laws, exclusive of those
applicable to | 3 | | the presence of structures below minimum code | 4 | | standards.
| 5 | | (F) Excessive vacancies. The presence of
buildings | 6 | | that are unoccupied or under-utilized and that | 7 | | represent an adverse
influence on the area because of | 8 | | the frequency, extent, or duration of the
vacancies.
| 9 | | (G) Lack of ventilation, light, or sanitary | 10 | | facilities. The absence of
adequate ventilation for | 11 | | light or air circulation in spaces or rooms without
| 12 | | windows, or that require the removal of dust, odor, | 13 | | gas, smoke, or other
noxious airborne materials. | 14 | | Inadequate natural light and ventilation means
the | 15 | | absence of skylights or windows for interior spaces or | 16 | | rooms and improper
window sizes and amounts by room | 17 | | area to window area ratios. Inadequate
sanitary | 18 | | facilities refers to the absence or inadequacy of | 19 | | garbage storage and
enclosure,
bathroom facilities, | 20 | | hot water and kitchens, and structural inadequacies
| 21 | | preventing ingress and egress to and from all rooms and | 22 | | units within a
building.
| 23 | | (H) Inadequate utilities. Underground and overhead | 24 | | utilities
such as storm sewers and storm drainage, | 25 | | sanitary sewers, water lines, and
gas, telephone, and
| 26 | | electrical services that are shown to be inadequate. |
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| 1 | | Inadequate utilities are
those that are: (i) of | 2 | | insufficient capacity to serve the uses in the
| 3 | | redevelopment project area, (ii) deteriorated,
| 4 | | antiquated, obsolete, or in disrepair, or (iii) | 5 | | lacking within the
redevelopment project area.
| 6 | | (I) Excessive land coverage and overcrowding of | 7 | | structures and community
facilities. The | 8 | | over-intensive use of property and the crowding of | 9 | | buildings
and accessory facilities onto a site. | 10 | | Examples of problem conditions
warranting the | 11 | | designation of an area as one exhibiting excessive land | 12 | | coverage
are: (i) the presence of buildings either | 13 | | improperly situated on parcels or
located
on parcels of | 14 | | inadequate size and shape in relation to present-day | 15 | | standards of
development for health and safety and (ii) | 16 | | the presence of multiple buildings
on a
single parcel. | 17 | | For there to be a finding of excessive land coverage,
| 18 | | these parcels must exhibit one or more of the following | 19 | | conditions:
insufficient provision for
light and air | 20 | | within or around buildings, increased threat of spread | 21 | | of fire
due to the close proximity of buildings, lack | 22 | | of adequate or proper access to a
public right-of-way, | 23 | | lack of reasonably required off-street parking, or
| 24 | | inadequate provision for loading and service.
| 25 | | (J) Deleterious land use or layout. The existence | 26 | | of incompatible
land-use
relationships, buildings |
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| 1 | | occupied by inappropriate mixed-uses, or uses
| 2 | | considered to be noxious, offensive, or unsuitable for | 3 | | the
surrounding area.
| 4 | | (K) Environmental clean-up. The proposed | 5 | | redevelopment project area
has incurred Illinois | 6 | | Environmental Protection Agency or United States
| 7 | | Environmental Protection Agency remediation costs for, | 8 | | or a study conducted by
an independent consultant | 9 | | recognized as having expertise in environmental
| 10 | | remediation has determined a need for, the
clean-up of | 11 | | hazardous
waste, hazardous substances, or underground | 12 | | storage tanks required by State or
federal law, | 13 | | provided that the remediation costs constitute a | 14 | | material
impediment to the development or | 15 | | redevelopment of the redevelopment project
area.
| 16 | | (L) Lack of community planning. The proposed | 17 | | redevelopment project area
was
developed prior to or | 18 | | without the benefit or guidance of a community plan.
| 19 | | This means that the development occurred prior to the | 20 | | adoption by the
municipality of a comprehensive or | 21 | | other community plan or that the plan was
not followed | 22 | | at the time of the area's development. This factor must | 23 | | be
documented by evidence of adverse or incompatible | 24 | | land-use relationships,
inadequate street layout, | 25 | | improper subdivision, parcels of inadequate shape and
| 26 | | size to meet contemporary development standards, or |
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| 1 | | other evidence
demonstrating
an absence of effective | 2 | | community planning.
| 3 | | (M) The total equalized assessed value of the | 4 | | proposed redevelopment
project area has declined for 3 | 5 | | of the last 5 calendar years
prior to the year in which | 6 | | the redevelopment project area is designated
or is | 7 | | increasing at an
annual rate that is less
than the | 8 | | balance of the municipality for 3 of the last 5 | 9 | | calendar years
for which
information is available or is | 10 | | increasing at an annual rate that is less than
the | 11 | | Consumer Price Index
for All Urban Consumers published | 12 | | by the United States Department of Labor or
successor | 13 | | agency for 3 of the last 5 calendar years
prior to the | 14 | | year in which the redevelopment project area is | 15 | | designated.
| 16 | | (2) If vacant, the sound growth of the redevelopment | 17 | | project area
is impaired by a
combination of 2 or more of | 18 | | the following factors, each of which
is (i) present, with | 19 | | that presence documented, to a meaningful extent so
that
a | 20 | | municipality may reasonably find that the factor is clearly | 21 | | present
within the intent of the Act and (ii) reasonably | 22 | | distributed throughout the
vacant part of the
| 23 | | redevelopment project area to which it pertains:
| 24 | | (A) Obsolete platting of vacant land that results | 25 | | in parcels of
limited or
narrow size or configurations | 26 | | of parcels of irregular size or shape that would
be |
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| 1 | | difficult to develop on
a planned basis and in a manner | 2 | | compatible with contemporary standards and
| 3 | | requirements, or platting that failed to create | 4 | | rights-of-ways for streets or
alleys or that created | 5 | | inadequate right-of-way widths for streets, alleys, or
| 6 | | other public rights-of-way or that omitted easements | 7 | | for public utilities.
| 8 | | (B) Diversity of ownership of parcels of vacant | 9 | | land sufficient in
number to
retard or impede the | 10 | | ability to assemble the land for development.
| 11 | | (C) Tax and special assessment delinquencies exist | 12 | | or the property has
been the subject of tax sales under | 13 | | the Property Tax Code within the last 5
years.
| 14 | | (D) Deterioration of structures or site | 15 | | improvements in neighboring
areas adjacent to the | 16 | | vacant land.
| 17 | | (E) The area has incurred Illinois Environmental | 18 | | Protection Agency or
United States Environmental | 19 | | Protection Agency remediation costs for, or a study
| 20 | | conducted by an independent consultant recognized as | 21 | | having expertise in
environmental remediation has | 22 | | determined a need for, the
clean-up of hazardous
waste, | 23 | | hazardous substances, or underground storage tanks | 24 | | required by State or
federal law, provided that the | 25 | | remediation costs
constitute a material impediment to | 26 | | the development or redevelopment of
the
redevelopment |
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| 1 | | project area.
| 2 | | (F) The total equalized assessed value of the | 3 | | proposed redevelopment
project area has declined for 3 | 4 | | of the last 5 calendar years
prior to the year in which | 5 | | the redevelopment project area is designated
or is | 6 | | increasing at an
annual rate that is less
than the | 7 | | balance of the municipality for 3 of the last 5 | 8 | | calendar years for
which information is available or is | 9 | | increasing at an annual rate that is less
than
the | 10 | | Consumer Price Index
for All Urban Consumers published | 11 | | by the United States Department of Labor or
successor | 12 | | agency for 3 of the last 5 calendar years
prior to the | 13 | | year in which the redevelopment project area is | 14 | | designated.
| 15 | | (3) If vacant, the sound growth of the redevelopment | 16 | | project area is
impaired by one of the
following factors | 17 | | that (i) is present, with that presence documented, to a
| 18 | | meaningful extent so that a municipality may reasonably | 19 | | find that the factor is
clearly
present within the intent | 20 | | of the Act and (ii) is reasonably distributed
throughout | 21 | | the vacant part of the
redevelopment project area to which | 22 | | it pertains:
| 23 | | (A) The area consists of one or more unused | 24 | | quarries, mines, or strip
mine ponds.
| 25 | | (B) The area consists of unused rail yards, rail | 26 | | tracks, or railroad
rights-of-way.
|
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| 1 | | (C) The area, prior to its designation, is subject | 2 | | to (i) chronic
flooding
that adversely impacts on real | 3 | | property in the area as certified by a
registered
| 4 | | professional engineer or appropriate regulatory agency | 5 | | or (ii) surface water
that
discharges from all or a | 6 | | part of the area and contributes to flooding within
the
| 7 | | same watershed, but only if the redevelopment project | 8 | | provides for facilities
or
improvements to contribute | 9 | | to the alleviation of all or part of the
flooding.
| 10 | | (D) The area consists of an unused or illegal | 11 | | disposal site containing
earth,
stone, building | 12 | | debris, or similar materials that were removed from
| 13 | | construction, demolition, excavation, or dredge sites.
| 14 | | (E) Prior to November 1, 1999, the area
is not less | 15 | | than 50 nor more than 100 acres and 75%
of which is | 16 | | vacant (notwithstanding that the area has been used
for | 17 | | commercial agricultural purposes within 5 years prior | 18 | | to the designation
of the redevelopment project area), | 19 | | and the area meets at least one of
the factors itemized | 20 | | in paragraph (1) of this subsection, the area
has been | 21 | | designated as a town or village center by ordinance or | 22 | | comprehensive
plan adopted prior to January 1, 1982, | 23 | | and the area has not been developed
for that designated | 24 | | purpose.
| 25 | | (F) The area qualified as a blighted improved area | 26 | | immediately prior to
becoming vacant, unless there has |
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| 1 | | been substantial private investment in the
immediately | 2 | | surrounding area.
| 3 | | (b) For any redevelopment project area that has been | 4 | | designated pursuant
to this
Section by an ordinance adopted | 5 | | prior to November 1, 1999 (the effective
date of Public Act
| 6 | | 91-478), "conservation area" shall have the meaning
set forth | 7 | | in this
Section prior to that date.
| 8 | | On and after November 1, 1999,
"conservation area" means | 9 | | any improved area within the boundaries
of a redevelopment | 10 | | project area located within the territorial limits of
the | 11 | | municipality in which 50% or more of the structures in the area | 12 | | have
an age of 35 years or more.
Such an area is not yet a | 13 | | blighted area but
because of a combination of 3 or more of the | 14 | | following factors is detrimental
to the public safety, health, | 15 | | morals
or welfare and such an area may become a blighted area:
| 16 | | (1) Dilapidation. An advanced state of disrepair or | 17 | | neglect of
necessary
repairs to the primary structural | 18 | | components of buildings or improvements in
such a | 19 | | combination that a documented building condition analysis | 20 | | determines
that major repair is required or the defects are | 21 | | so serious and so extensive
that the buildings must be | 22 | | removed.
| 23 | | (2) Obsolescence. The condition or process of falling | 24 | | into disuse.
Structures have become ill-suited for the | 25 | | original use.
| 26 | | (3) Deterioration. With respect to buildings, defects
|
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| 1 | | including, but not limited to, major defects in
the | 2 | | secondary building components such as doors, windows, | 3 | | porches, gutters and
downspouts, and fascia. With respect | 4 | | to surface improvements, that the
condition of roadways, | 5 | | alleys, curbs, gutters, sidewalks, off-street parking,
and | 6 | | surface storage areas evidence deterioration, including, | 7 | | but not limited
to, surface cracking, crumbling, potholes, | 8 | | depressions, loose paving material,
and weeds protruding | 9 | | through paved surfaces.
| 10 | | (4) Presence of structures below minimum code | 11 | | standards. All structures
that do not meet the standards of | 12 | | zoning, subdivision, building, fire, and
other | 13 | | governmental codes applicable to property, but not | 14 | | including housing and
property maintenance codes.
| 15 | | (5) Illegal use of individual structures. The use of | 16 | | structures in
violation of applicable federal, State, or | 17 | | local laws, exclusive of those
applicable to the presence | 18 | | of structures below minimum code standards.
| 19 | | (6) Excessive vacancies. The presence of
buildings | 20 | | that are unoccupied or under-utilized and that represent an | 21 | | adverse
influence on the area because of the frequency, | 22 | | extent, or duration of the
vacancies.
| 23 | | (7) Lack of ventilation, light, or sanitary | 24 | | facilities. The absence of
adequate ventilation for light | 25 | | or air circulation in spaces or rooms without
windows, or | 26 | | that require the removal of dust, odor, gas, smoke, or |
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| 1 | | other
noxious airborne materials. Inadequate natural light | 2 | | and ventilation means
the absence or inadequacy of | 3 | | skylights or windows for interior spaces or rooms
and | 4 | | improper
window sizes and amounts by room area to window | 5 | | area ratios. Inadequate
sanitary facilities refers to the | 6 | | absence or inadequacy of garbage storage and
enclosure,
| 7 | | bathroom facilities, hot water and kitchens, and | 8 | | structural inadequacies
preventing ingress and egress to | 9 | | and from all rooms and units within a
building.
| 10 | | (8) Inadequate utilities. Underground and overhead | 11 | | utilities
such as storm sewers and storm drainage, sanitary | 12 | | sewers, water lines, and gas,
telephone, and
electrical | 13 | | services that are shown to be inadequate. Inadequate | 14 | | utilities are
those that are: (i) of insufficient capacity | 15 | | to serve the uses in the
redevelopment project area, (ii) | 16 | | deteriorated,
antiquated, obsolete, or in disrepair, or | 17 | | (iii) lacking within the
redevelopment project area.
| 18 | | (9) Excessive land coverage and overcrowding of | 19 | | structures and community
facilities. The over-intensive | 20 | | use of property and the crowding of buildings
and accessory | 21 | | facilities onto a site. Examples of problem conditions
| 22 | | warranting the designation of an area as one exhibiting | 23 | | excessive land coverage
are: the presence of buildings | 24 | | either improperly situated on parcels or located
on parcels | 25 | | of inadequate size and shape in relation to present-day | 26 | | standards of
development for health and safety and the |
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| 1 | | presence of multiple buildings on a
single parcel. For | 2 | | there to be a finding of excessive land coverage,
these | 3 | | parcels must exhibit one or more of the following | 4 | | conditions:
insufficient provision for
light and air | 5 | | within or around buildings, increased threat of spread of | 6 | | fire
due to the close proximity of buildings, lack of | 7 | | adequate or proper access to a
public right-of-way, lack of | 8 | | reasonably required off-street parking, or
inadequate | 9 | | provision for loading and service.
| 10 | | (10) Deleterious land use or layout. The existence of | 11 | | incompatible
land-use
relationships, buildings occupied by | 12 | | inappropriate mixed-uses, or uses
considered to be | 13 | | noxious, offensive, or unsuitable for the
surrounding | 14 | | area.
| 15 | | (11) Lack of community planning. The proposed | 16 | | redevelopment project area
was
developed prior to or | 17 | | without the benefit or guidance of a community plan.
This | 18 | | means that the development occurred prior to the adoption | 19 | | by the
municipality of a comprehensive or other community | 20 | | plan or that the plan was
not followed at the time of the | 21 | | area's development. This factor must be
documented by | 22 | | evidence of adverse or incompatible land-use | 23 | | relationships,
inadequate street layout, improper | 24 | | subdivision, parcels of inadequate shape and
size to meet | 25 | | contemporary development standards, or other evidence
| 26 | | demonstrating
an absence of effective community planning.
|
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| 1 | | (12) The area has incurred Illinois Environmental | 2 | | Protection Agency or
United
States Environmental | 3 | | Protection Agency remediation costs for, or a study
| 4 | | conducted by an independent consultant recognized as | 5 | | having expertise in
environmental remediation has | 6 | | determined a need for, the clean-up of hazardous
waste, | 7 | | hazardous substances, or underground storage tanks | 8 | | required by State
or federal law, provided that the | 9 | | remediation costs constitute a material
impediment to the | 10 | | development or redevelopment of the redevelopment project
| 11 | | area.
| 12 | | (13) The total equalized assessed value of the proposed | 13 | | redevelopment
project area has declined for 3 of the last 5 | 14 | | calendar years
for which information is
available or is | 15 | | increasing at an annual rate that is less than the balance | 16 | | of
the municipality for 3 of the last 5 calendar years for | 17 | | which information is
available or is increasing at an | 18 | | annual rate that is less
than the Consumer Price Index for | 19 | | All Urban Consumers published by the United
States | 20 | | Department of Labor or successor agency for 3 of the last 5 | 21 | | calendar
years for which information is available.
| 22 | | (c) "Industrial park" means an area in a blighted or | 23 | | conservation
area suitable for use by any manufacturing, | 24 | | industrial, research or
transportation enterprise, of | 25 | | facilities to include but not be limited to
factories, mills, | 26 | | processing plants, assembly plants, packing plants,
|
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| 1 | | fabricating plants, industrial distribution centers, | 2 | | warehouses, repair
overhaul or service facilities, freight | 3 | | terminals, research facilities,
test facilities or railroad | 4 | | facilities.
| 5 | | (d) "Industrial park conservation area" means an area | 6 | | within the
boundaries of a redevelopment project area located | 7 | | within the territorial
limits of a municipality that is a labor | 8 | | surplus municipality or within 1
1/2 miles of the territorial | 9 | | limits of a municipality that is a labor
surplus municipality | 10 | | if the area is annexed to the municipality; which
area is zoned | 11 | | as industrial no later than at the time the municipality by
| 12 | | ordinance designates the redevelopment project area, and which | 13 | | area
includes both vacant land suitable for use as an | 14 | | industrial park and a
blighted area or conservation area | 15 | | contiguous to such vacant land.
| 16 | | (e) "Labor surplus municipality" means a municipality in | 17 | | which, at any
time during the 6 months before the municipality | 18 | | by ordinance designates
an industrial park conservation area, | 19 | | the unemployment rate was over 6% and was
also 100% or more of | 20 | | the national average unemployment rate for that same
time as | 21 | | published in the United States Department of Labor Bureau of | 22 | | Labor
Statistics publication entitled "The Employment | 23 | | Situation" or its successor
publication. For the purpose of | 24 | | this subsection, if unemployment rate
statistics for the | 25 | | municipality are not available, the unemployment rate in
the | 26 | | municipality shall be deemed to be the same as the unemployment |
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| 1 | | rate in
the principal county in which the municipality is | 2 | | located.
| 3 | | (f) "Municipality" shall mean a city, village, | 4 | | incorporated town, or a township that is located in the | 5 | | unincorporated portion of a county with 3 million or more | 6 | | inhabitants, if the county adopted an ordinance that approved | 7 | | the township's redevelopment plan.
| 8 | | (g) "Initial Sales Tax Amounts" means the amount of taxes | 9 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 10 | | Service Use Tax Act, the
Service Occupation Tax Act, the | 11 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 12 | | Service Occupation Tax Act by
retailers and servicemen on | 13 | | transactions at places located in a
State Sales Tax Boundary | 14 | | during the calendar year 1985.
| 15 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount | 16 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | 17 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | 18 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 19 | | Service Occupation Tax Act by retailers and servicemen on
| 20 | | transactions at places located within the State Sales Tax | 21 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| 22 | | (h) "Municipal Sales Tax Increment" means an amount equal | 23 | | to the
increase in the aggregate amount of taxes paid to a | 24 | | municipality from the
Local Government Tax Fund arising from | 25 | | sales by retailers and servicemen
within the redevelopment | 26 | | project area or State Sales Tax Boundary, as
the case may be, |
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| 1 | | for as long as the redevelopment project area or State
Sales | 2 | | Tax Boundary, as the case may be, exist over and above the | 3 | | aggregate
amount of taxes as certified by the Illinois | 4 | | Department of Revenue and paid
under the Municipal Retailers' | 5 | | Occupation Tax Act and the Municipal Service
Occupation Tax Act | 6 | | by retailers and servicemen, on transactions at places
of | 7 | | business located in the redevelopment project area or State | 8 | | Sales Tax
Boundary, as the case may be, during the
base year | 9 | | which shall be the calendar year immediately prior to the year | 10 | | in
which the municipality adopted tax increment allocation | 11 | | financing. For
purposes of computing the aggregate amount of | 12 | | such taxes for base years
occurring prior to 1985, the | 13 | | Department of Revenue shall determine the
Initial Sales Tax | 14 | | Amounts for such taxes and deduct therefrom an amount
equal to | 15 | | 4% of the aggregate amount of taxes per year for each year the
| 16 | | base year is prior to 1985, but not to exceed a total deduction | 17 | | of 12%.
The amount so determined shall be known as the | 18 | | "Adjusted Initial Sales Tax
Amounts". For purposes of | 19 | | determining the Municipal Sales Tax Increment,
the Department | 20 | | of Revenue shall for each period subtract from the amount
paid | 21 | | to the municipality from the Local Government Tax Fund arising | 22 | | from
sales by retailers and servicemen on transactions
located | 23 | | in the redevelopment project area or the State Sales Tax | 24 | | Boundary,
as the case may be, the certified Initial Sales Tax
| 25 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 26 | | Initial
Sales Tax Amounts for the Municipal Retailers'
|
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| 1 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 2 | | Act. For the State Fiscal Year 1989, this calculation shall
be | 3 | | made by utilizing the calendar year 1987 to determine the tax | 4 | | amounts
received. For the State Fiscal Year 1990, this | 5 | | calculation shall be made
by utilizing the period from January | 6 | | 1, 1988, until September 30, 1988, to
determine the tax amounts | 7 | | received from retailers and servicemen pursuant
to the | 8 | | Municipal Retailers' Occupation Tax and the Municipal Service
| 9 | | Occupation Tax Act, which shall have deducted therefrom
| 10 | | nine-twelfths of the certified Initial Sales Tax Amounts, the | 11 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | 12 | | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | 13 | | this calculation shall be made by utilizing
the period from | 14 | | October 1, 1988, to June 30, 1989, to determine the tax
amounts | 15 | | received from retailers and servicemen pursuant to the | 16 | | Municipal
Retailers' Occupation Tax and the Municipal Service | 17 | | Occupation Tax Act
which shall have deducted therefrom | 18 | | nine-twelfths of the
certified Initial Sales Tax Amounts, | 19 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | 20 | | Tax Amounts as appropriate. For every
State Fiscal Year | 21 | | thereafter, the applicable period shall be the 12 months
| 22 | | beginning July 1 and ending June 30 to determine the tax | 23 | | amounts received
which shall have deducted therefrom the | 24 | | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | 25 | | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | 26 | | case may be.
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| 1 | | (i) "Net State Sales Tax Increment" means the sum of the | 2 | | following: (a)
80% of the first $100,000 of State Sales Tax | 3 | | Increment annually generated
within a State Sales Tax Boundary; | 4 | | (b) 60% of the amount in excess of
$100,000 but not exceeding | 5 | | $500,000 of State Sales Tax Increment annually
generated within | 6 | | a State Sales Tax Boundary; and (c) 40% of all amounts in
| 7 | | excess of $500,000 of State Sales Tax Increment annually | 8 | | generated within a
State Sales Tax Boundary. If, however, a | 9 | | municipality established a tax
increment financing district in | 10 | | a county with a population in excess of
3,000,000 before | 11 | | January 1, 1986, and the municipality entered into a
contract | 12 | | or issued bonds after January 1, 1986, but before December 31, | 13 | | 1986,
to finance redevelopment project costs within a State | 14 | | Sales Tax
Boundary, then the Net State Sales Tax Increment | 15 | | means, for the fiscal years
beginning July 1, 1990, and July 1, | 16 | | 1991, 100% of the State Sales Tax
Increment annually generated | 17 | | within a State Sales Tax Boundary; and
notwithstanding any | 18 | | other provision of this Act, for those fiscal years the
| 19 | | Department of Revenue shall distribute to those municipalities | 20 | | 100% of
their Net State Sales Tax Increment before any | 21 | | distribution to any other
municipality and regardless of | 22 | | whether or not those other municipalities
will receive 100% of | 23 | | their Net State Sales Tax Increment. For Fiscal Year
1999, and | 24 | | every year thereafter until the year 2007, for any municipality
| 25 | | that has not entered into a contract or has not issued bonds | 26 | | prior to June
1, 1988 to finance redevelopment project costs |
| | | HB3418 Enrolled | - 37 - | LRB100 10990 AWJ 21229 b |
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| 1 | | within a State Sales Tax
Boundary, the Net State Sales Tax | 2 | | Increment shall be calculated as follows:
By multiplying the | 3 | | Net State Sales Tax Increment by 90% in the State Fiscal
Year | 4 | | 1999; 80% in the State Fiscal Year 2000; 70% in the State | 5 | | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | 6 | | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | 7 | | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | 8 | | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | 9 | | be made for State Fiscal Year 2008 and thereafter.
| 10 | | Municipalities that issued bonds in connection with a | 11 | | redevelopment project
in a redevelopment project area within | 12 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that | 13 | | entered into contracts in connection with a redevelopment | 14 | | project in
a redevelopment project area before June 1, 1988,
| 15 | | shall continue to receive their proportional share of the
| 16 | | Illinois Tax Increment Fund distribution until the date on | 17 | | which the
redevelopment project is completed or terminated.
If, | 18 | | however, a municipality that issued bonds in connection with a
| 19 | | redevelopment project in a redevelopment project area within | 20 | | the State Sales
Tax Boundary prior to July 29, 1991 retires the | 21 | | bonds prior to June 30, 2007 or
a municipality that entered | 22 | | into contracts in connection with a redevelopment
project in a | 23 | | redevelopment project area before June 1, 1988 completes the
| 24 | | contracts prior to June 30, 2007, then so long as the | 25 | | redevelopment project is
not
completed or is not terminated, | 26 | | the Net State Sales Tax Increment shall be
calculated, |
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| 1 | | beginning on the date on which the bonds are retired or the
| 2 | | contracts are completed, as follows: By multiplying the Net | 3 | | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | 4 | | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | 5 | | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | 6 | | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | 7 | | payment shall be made for State Fiscal Year
2008 and | 8 | | thereafter.
Refunding of any bonds issued
prior to July 29, | 9 | | 1991, shall not alter the Net State Sales Tax Increment.
| 10 | | (j) "State Utility Tax Increment Amount" means an amount | 11 | | equal to the
aggregate increase in State electric and gas tax | 12 | | charges imposed on owners
and tenants, other than residential | 13 | | customers, of properties located within
the redevelopment | 14 | | project area under Section 9-222 of the Public Utilities
Act, | 15 | | over and above the aggregate of such charges as certified by | 16 | | the
Department of Revenue and paid by owners and tenants, other | 17 | | than
residential customers, of properties within the | 18 | | redevelopment project area
during the base year, which shall be | 19 | | the calendar year immediately prior to
the year of the adoption | 20 | | of the ordinance authorizing tax increment allocation
| 21 | | financing.
| 22 | | (k) "Net State Utility Tax Increment" means the sum of the | 23 | | following:
(a) 80% of the first $100,000 of State Utility Tax | 24 | | Increment annually
generated by a redevelopment project area; | 25 | | (b) 60% of the amount in excess
of $100,000 but not exceeding | 26 | | $500,000 of the State Utility Tax Increment
annually generated |
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| 1 | | by a redevelopment project area; and (c) 40% of all
amounts in | 2 | | excess of $500,000 of State Utility Tax Increment annually
| 3 | | generated by a redevelopment project area. For the State Fiscal | 4 | | Year 1999,
and every year thereafter until the year 2007, for | 5 | | any municipality that
has not entered into a contract or has | 6 | | not issued bonds prior to June 1,
1988 to finance redevelopment | 7 | | project costs within a redevelopment project
area, the Net | 8 | | State Utility Tax Increment shall be calculated as follows:
By | 9 | | multiplying the Net State Utility Tax Increment by 90% in the | 10 | | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | 11 | | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | 12 | | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | 13 | | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | 14 | | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | 15 | | No payment shall be made for the State Fiscal Year 2008
and | 16 | | thereafter.
| 17 | | Municipalities that issue bonds in connection with the | 18 | | redevelopment project
during the period from June 1, 1988 until | 19 | | 3 years after the effective date
of this Amendatory Act of 1988 | 20 | | shall receive the Net State Utility Tax
Increment, subject to | 21 | | appropriation, for 15 State Fiscal Years after the
issuance of | 22 | | such bonds. For the 16th through the 20th State Fiscal Years
| 23 | | after issuance of the bonds, the Net State Utility Tax | 24 | | Increment shall be
calculated as follows: By multiplying the | 25 | | Net State Utility Tax Increment
by 90% in year 16; 80% in year | 26 | | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. |
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| 1 | | Refunding of any bonds issued prior to June 1, 1988, shall not
| 2 | | alter the revised Net State Utility Tax Increment payments set | 3 | | forth above.
| 4 | | (l) "Obligations" mean bonds, loans, debentures, notes, | 5 | | special certificates
or other evidence of indebtedness issued | 6 | | by the municipality to carry out
a redevelopment project or to | 7 | | refund outstanding obligations.
| 8 | | (m) "Payment in lieu of taxes" means those estimated tax | 9 | | revenues from
real property in a redevelopment project area | 10 | | derived from real property that
has been acquired by a | 11 | | municipality
which according to the redevelopment project or | 12 | | plan is to be used for a
private use which taxing districts | 13 | | would have received had a municipality
not acquired the real | 14 | | property and adopted tax increment allocation
financing and | 15 | | which would result from
levies made after the time of the | 16 | | adoption of tax increment allocation
financing to the time the | 17 | | current equalized value of real property in the
redevelopment | 18 | | project area exceeds the total initial equalized value of
real | 19 | | property in said area.
| 20 | | (n) "Redevelopment plan" means the comprehensive program | 21 | | of
the municipality for development or redevelopment intended | 22 | | by the payment of
redevelopment project costs to reduce or | 23 | | eliminate those conditions the
existence of which qualified the | 24 | | redevelopment project area as
a "blighted
area" or | 25 | | "conservation area" or combination thereof or "industrial park
| 26 | | conservation area," and thereby to enhance the tax bases of the |
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| 1 | | taxing
districts which extend into the redevelopment project | 2 | | area, provided that, with respect to redevelopment project | 3 | | areas described in subsections (p-1) and (p-2), "redevelopment | 4 | | plan" means the comprehensive program of the affected | 5 | | municipality for the development of qualifying transit | 6 | | facilities.
On and after November 1, 1999 (the effective date | 7 | | of
Public Act 91-478), no
redevelopment plan may be approved or | 8 | | amended that includes the development of
vacant land (i) with a | 9 | | golf course and related clubhouse and other facilities
or (ii) | 10 | | designated by federal, State, county, or municipal government | 11 | | as public
land for outdoor recreational activities or for | 12 | | nature preserves and used for
that purpose within 5
years prior | 13 | | to the adoption of the redevelopment plan. For the purpose of
| 14 | | this subsection, "recreational activities" is limited to mean | 15 | | camping and
hunting.
Each
redevelopment plan shall set forth in | 16 | | writing the program to be undertaken
to accomplish the | 17 | | objectives and shall include but not be limited to:
| 18 | | (A) an itemized list of estimated redevelopment | 19 | | project costs;
| 20 | | (B) evidence indicating that the redevelopment project | 21 | | area on the whole
has not been subject to growth and | 22 | | development through investment by private
enterprise, | 23 | | provided that such evidence shall not be required for any | 24 | | redevelopment project area located within a transit | 25 | | facility improvement area established pursuant to Section | 26 | | 11-74.4-3.3;
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| 1 | | (C) an assessment of any financial impact of the | 2 | | redevelopment project
area on or any increased demand for | 3 | | services from any taxing district affected
by the plan and | 4 | | any program to address such financial impact or increased
| 5 | | demand;
| 6 | | (D) the sources of funds to pay costs;
| 7 | | (E) the nature and term of the obligations to be | 8 | | issued;
| 9 | | (F) the most recent equalized assessed valuation of the | 10 | | redevelopment
project area;
| 11 | | (G) an estimate as to the equalized assessed valuation | 12 | | after redevelopment
and the general land uses to apply in | 13 | | the redevelopment project area;
| 14 | | (H) a commitment to fair employment practices and an | 15 | | affirmative action
plan;
| 16 | | (I) if it concerns an industrial park
conservation | 17 | | area, the plan shall
also include a general description
of | 18 | | any proposed developer, user and tenant of any property, a | 19 | | description
of the type, structure and general character of | 20 | | the facilities to be
developed, a description of the type, | 21 | | class and number of new employees to
be employed in the | 22 | | operation of the facilities to be developed; and
| 23 | | (J) if property is to be annexed to the municipality, | 24 | | the plan shall
include the terms of the annexation | 25 | | agreement.
| 26 | | The provisions of items (B) and (C) of this subsection (n) |
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| 1 | | shall not apply to
a municipality that before March 14, 1994 | 2 | | (the effective date of Public Act
88-537) had fixed, either by | 3 | | its
corporate authorities or by a commission designated under | 4 | | subsection (k) of
Section 11-74.4-4, a time and place for a | 5 | | public hearing as required by
subsection (a) of Section | 6 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 7 | | municipality complies with all of the following requirements:
| 8 | | (1) The municipality finds that the redevelopment | 9 | | project area on
the whole has not been subject to growth | 10 | | and development through investment
by private enterprise | 11 | | and would not reasonably be anticipated to be
developed | 12 | | without the adoption of the redevelopment plan, provided, | 13 | | however, that such a finding shall not be required with | 14 | | respect to any redevelopment project area located within a | 15 | | transit facility improvement area established pursuant to | 16 | | Section 11-74.4-3.3.
| 17 | | (2) The municipality finds that the redevelopment plan | 18 | | and project conform
to the comprehensive plan for the | 19 | | development of the municipality as a whole,
or, for | 20 | | municipalities with a population of 100,000 or more, | 21 | | regardless of when
the redevelopment plan and project was | 22 | | adopted, the redevelopment plan and
project either: (i) | 23 | | conforms to the strategic economic development or
| 24 | | redevelopment plan issued by the designated planning | 25 | | authority of the
municipality, or (ii) includes land uses | 26 | | that have been approved by the
planning commission of the |
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| 1 | | municipality.
| 2 | | (3) The redevelopment plan establishes the estimated | 3 | | dates of completion
of the redevelopment project and | 4 | | retirement of obligations issued to finance
redevelopment | 5 | | project costs. Those dates may not be later than the dates | 6 | | set forth under Section 11-74.4-3.5.
| 7 | | A municipality may by municipal ordinance amend an | 8 | | existing redevelopment
plan to conform to this paragraph | 9 | | (3) as amended by Public Act 91-478, which
municipal | 10 | | ordinance may be adopted without
further hearing or
notice | 11 | | and without complying with the procedures provided in this | 12 | | Act
pertaining to an amendment to or the initial approval | 13 | | of a redevelopment plan
and project and
designation of a | 14 | | redevelopment project area.
| 15 | | (3.5) The municipality finds, in the case of an | 16 | | industrial
park
conservation area, also that the | 17 | | municipality is a labor surplus municipality
and that the | 18 | | implementation of the redevelopment plan will reduce | 19 | | unemployment,
create new jobs and by the provision of new | 20 | | facilities enhance the tax base of
the taxing districts | 21 | | that extend into the redevelopment project area.
| 22 | | (4) If any incremental revenues are being utilized | 23 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in | 24 | | redevelopment project areas approved by ordinance
after | 25 | | January 1, 1986, the municipality finds: (a) that the | 26 | | redevelopment
project area would not reasonably be |
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| 1 | | developed without the use of such
incremental revenues, and | 2 | | (b) that such incremental revenues will be
exclusively | 3 | | utilized for the development of the redevelopment project | 4 | | area.
| 5 | | (5) If: (a)
the redevelopment plan will not result in
| 6 | | displacement of
residents from 10 or more inhabited | 7 | | residential units, and the
municipality certifies in the | 8 | | plan that
such displacement will not result from the plan; | 9 | | or (b) the redevelopment plan is for a redevelopment | 10 | | project area located within a transit facility improvement | 11 | | area established pursuant to Section 11-74.4-3.3, and the | 12 | | applicable project is subject to the process for evaluation | 13 | | of environmental effects under the National Environmental | 14 | | Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing | 15 | | impact study
need not be performed.
If, however, the | 16 | | redevelopment plan would result in the displacement
of
| 17 | | residents from 10 or more inhabited
residential units,
or | 18 | | if the redevelopment project area contains 75 or more | 19 | | inhabited residential
units and no
certification is made,
| 20 | | then the municipality shall prepare, as part of the | 21 | | separate
feasibility report required by subsection (a) of | 22 | | Section 11-74.4-5, a housing
impact study.
| 23 | | Part I of the housing impact study shall include (i) | 24 | | data as to whether
the residential units are single family | 25 | | or multi-family units,
(ii) the number and type of rooms | 26 | | within the units, if that information is
available, (iii) |
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| 1 | | whether
the
units are inhabited or uninhabited, as | 2 | | determined not less than 45
days before the date that the | 3 | | ordinance or resolution required
by subsection (a) of | 4 | | Section 11-74.4-5 is passed, and (iv) data as to the
racial | 5 | | and ethnic composition of the residents in the inhabited | 6 | | residential
units. The data requirement as to the racial | 7 | | and ethnic composition of the
residents in the inhabited | 8 | | residential units shall be deemed to be fully
satisfied by | 9 | | data from the most recent federal census.
| 10 | | Part II of the housing impact study shall identify the | 11 | | inhabited
residential units in the proposed redevelopment | 12 | | project area that are to be or
may be removed. If inhabited | 13 | | residential units are to be removed, then the
housing | 14 | | impact study shall identify (i) the number and location of | 15 | | those units
that will or may be removed, (ii) the | 16 | | municipality's plans for relocation
assistance for those | 17 | | residents in the proposed redevelopment project area
whose | 18 | | residences are to be removed, (iii) the availability of | 19 | | replacement
housing for those residents whose residences | 20 | | are to be removed, and shall
identify the type, location, | 21 | | and cost of the housing, and (iv) the type and
extent
of | 22 | | relocation assistance to be provided.
| 23 | | (6) On and after November 1, 1999, the
housing impact | 24 | | study required by paragraph (5) shall be
incorporated in | 25 | | the redevelopment plan for the
redevelopment project area.
| 26 | | (7) On and after November 1, 1999, no
redevelopment |
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| 1 | | plan shall be adopted, nor an
existing plan amended, nor | 2 | | shall residential housing that is
occupied by households of | 3 | | low-income and very low-income
persons in currently | 4 | | existing redevelopment project
areas be removed after | 5 | | November 1, 1999 unless the redevelopment plan provides, | 6 | | with
respect to inhabited housing units that are to be | 7 | | removed for
households of low-income and very low-income | 8 | | persons, affordable
housing and relocation assistance not | 9 | | less than that which would
be provided under the federal | 10 | | Uniform Relocation Assistance and
Real Property | 11 | | Acquisition Policies Act of 1970 and the regulations
under | 12 | | that Act, including the eligibility criteria.
Affordable | 13 | | housing may be either existing or newly constructed
| 14 | | housing. For purposes of this paragraph (7), "low-income
| 15 | | households", "very low-income households", and "affordable
| 16 | | housing" have the meanings set forth in the Illinois | 17 | | Affordable
Housing Act.
The municipality shall make a good | 18 | | faith effort to ensure that this affordable
housing is | 19 | | located in or near the redevelopment project area within | 20 | | the
municipality.
| 21 | | (8) On and after November 1, 1999, if,
after the | 22 | | adoption of the redevelopment plan for the
redevelopment | 23 | | project area, any municipality desires to amend its
| 24 | | redevelopment plan
to remove more inhabited residential | 25 | | units than
specified in its original redevelopment plan, | 26 | | that change shall be made in
accordance with the procedures |
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| 1 | | in subsection (c) of Section 11-74.4-5.
| 2 | | (9) For redevelopment project areas designated prior | 3 | | to November 1,
1999, the redevelopment plan may be amended | 4 | | without further joint review board
meeting or hearing, | 5 | | provided that the municipality shall give notice of any
| 6 | | such changes by mail to each affected taxing district and | 7 | | registrant on the
interested party registry, to authorize | 8 | | the municipality to expend tax
increment revenues for | 9 | | redevelopment project costs defined by paragraphs (5)
and | 10 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and | 11 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | 12 | | long as the changes do not increase the
total estimated | 13 | | redevelopment project costs set out in the redevelopment | 14 | | plan
by more than 5% after adjustment for inflation from | 15 | | the date the plan was
adopted.
| 16 | | (o) "Redevelopment project" means any public and private | 17 | | development project
in furtherance of the objectives of a | 18 | | redevelopment plan.
On and after November 1, 1999 (the | 19 | | effective date of Public Act 91-478), no
redevelopment plan may | 20 | | be approved or amended that includes the development
of vacant | 21 | | land (i) with a golf course and related clubhouse and other
| 22 | | facilities
or (ii) designated by federal, State, county, or | 23 | | municipal government as public
land for outdoor recreational | 24 | | activities or for nature preserves and used for
that purpose | 25 | | within 5
years prior to the adoption of the redevelopment plan. | 26 | | For the purpose of
this subsection, "recreational activities" |
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| 1 | | is limited to mean camping and
hunting.
| 2 | | (p) "Redevelopment project area" means an area designated | 3 | | by
the
municipality, which is not less in the aggregate than 1 | 4 | | 1/2 acres and in
respect to which the municipality has made a | 5 | | finding that there exist
conditions which cause the area to be | 6 | | classified as an industrial park
conservation area or a | 7 | | blighted area or a conservation area, or a
combination of both | 8 | | blighted areas and conservation areas.
| 9 | | (p-1) Notwithstanding any provision of this Act to the | 10 | | contrary, on and after August 25, 2009 (the effective date of | 11 | | Public Act 96-680), a redevelopment project area may include | 12 | | areas within a one-half mile radius of an existing or proposed | 13 | | Regional Transportation Authority Suburban Transit Access | 14 | | Route (STAR Line) station without a finding that the area is | 15 | | classified as an industrial park conservation area, a blighted | 16 | | area, a conservation area, or a combination thereof, but only | 17 | | if the municipality receives unanimous consent from the joint | 18 | | review board created to review the proposed redevelopment | 19 | | project area. | 20 | | (p-2) Notwithstanding any provision of this Act to the | 21 | | contrary, on and after the effective date of this amendatory | 22 | | Act of the 99th General Assembly, a redevelopment project area | 23 | | may include areas within a transit facility improvement area | 24 | | that has been established pursuant to Section 11-74.4-3.3 | 25 | | without a finding that the area is classified as an industrial | 26 | | park conservation area, a blighted area, a conservation area, |
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| 1 | | or any combination thereof. | 2 | | (q) "Redevelopment project costs", except for | 3 | | redevelopment project areas created pursuant to subsection | 4 | | (p-1) or (p-2), means and includes the sum total of all
| 5 | | reasonable or necessary costs incurred or estimated to be | 6 | | incurred, and
any such costs incidental to a redevelopment plan | 7 | | and a redevelopment
project. Such costs include, without | 8 | | limitation, the following:
| 9 | | (1) Costs of studies, surveys, development of plans, | 10 | | and
specifications, implementation and administration of | 11 | | the redevelopment
plan including but not limited to staff | 12 | | and professional service costs for
architectural, | 13 | | engineering, legal, financial, planning or other
services, | 14 | | provided however that no charges for professional services | 15 | | may be
based on a percentage of the tax increment | 16 | | collected; except that on and
after November 1, 1999 (the | 17 | | effective date of Public Act 91-478), no
contracts for
| 18 | | professional services, excluding architectural and | 19 | | engineering services, may be
entered into if the terms of | 20 | | the contract extend
beyond a period of 3 years. In | 21 | | addition, "redevelopment project costs" shall
not include | 22 | | lobbying expenses.
After consultation with the | 23 | | municipality, each tax
increment consultant or advisor to a | 24 | | municipality that plans to designate or
has designated a | 25 | | redevelopment project area shall inform the municipality | 26 | | in
writing of any contracts that the consultant or advisor |
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| 1 | | has entered into with
entities or individuals that have | 2 | | received, or are receiving, payments financed
by tax
| 3 | | increment revenues produced by the redevelopment project | 4 | | area with respect to
which the consultant or advisor has | 5 | | performed, or will be performing, service
for the
| 6 | | municipality. This requirement shall be satisfied by the | 7 | | consultant or advisor
before the commencement of services | 8 | | for the municipality and thereafter
whenever any other | 9 | | contracts with those individuals or entities are executed | 10 | | by
the consultant or advisor;
| 11 | | (1.5) After July 1, 1999, annual administrative costs | 12 | | shall
not include general overhead or
administrative costs | 13 | | of the municipality
that would still have been incurred by | 14 | | the municipality if the municipality had
not
designated a | 15 | | redevelopment project area or approved a redevelopment | 16 | | plan;
| 17 | | (1.6) The cost of
marketing sites within the | 18 | | redevelopment project area to prospective
businesses, | 19 | | developers, and investors;
| 20 | | (2) Property assembly costs, including but not limited | 21 | | to acquisition
of land and other property, real or | 22 | | personal, or rights or interests therein,
demolition of | 23 | | buildings, site preparation, site improvements that serve | 24 | | as an
engineered barrier addressing ground level or below | 25 | | ground environmental
contamination, including, but not | 26 | | limited to parking lots and other concrete
or asphalt |
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| 1 | | barriers, and the clearing and grading of
land;
| 2 | | (3) Costs of rehabilitation, reconstruction or repair | 3 | | or remodeling of
existing public or private buildings, | 4 | | fixtures, and leasehold
improvements; and the cost of | 5 | | replacing
an existing public building if pursuant to the | 6 | | implementation of a
redevelopment project the existing | 7 | | public building is to be demolished to use
the site for | 8 | | private investment or
devoted to a different use requiring | 9 | | private investment; including any direct or indirect costs | 10 | | relating to Green Globes or LEED certified construction | 11 | | elements or construction elements with an equivalent | 12 | | certification;
| 13 | | (4) Costs of the construction of public works or | 14 | | improvements, including any direct or indirect costs | 15 | | relating to Green Globes or LEED certified construction | 16 | | elements or construction elements with an equivalent | 17 | | certification, except
that on and after November 1, 1999,
| 18 | | redevelopment
project costs shall not include the cost of | 19 | | constructing a
new municipal public building principally | 20 | | used to provide
offices, storage space, or conference | 21 | | facilities or vehicle storage,
maintenance, or repair for | 22 | | administrative,
public safety, or public works personnel
| 23 | | and that is not intended to replace an existing
public | 24 | | building as provided under paragraph (3) of subsection (q) | 25 | | of Section
11-74.4-3
unless either (i) the construction of | 26 | | the new municipal building
implements a redevelopment |
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| 1 | | project that was included in a redevelopment plan
that was | 2 | | adopted by the municipality prior to November 1, 1999, (ii) | 3 | | the
municipality makes a reasonable
determination in the | 4 | | redevelopment plan, supported by information that provides
| 5 | | the basis for that determination, that the new municipal | 6 | | building is required
to meet an increase in the need for | 7 | | public safety purposes anticipated to
result from the | 8 | | implementation of the redevelopment plan, or (iii) the new | 9 | | municipal public building is for the storage, maintenance, | 10 | | or repair of transit vehicles and is located in a transit | 11 | | facility improvement area that has been established | 12 | | pursuant to Section 11-74.4-3.3;
| 13 | | (5) Costs of job training and retraining projects, | 14 | | including the cost of
"welfare to work" programs | 15 | | implemented by businesses located within the
redevelopment | 16 | | project area;
| 17 | | (6) Financing costs, including but not limited to all | 18 | | necessary and
incidental expenses related to the issuance | 19 | | of obligations and which may
include payment of interest on | 20 | | any obligations issued hereunder including
interest | 21 | | accruing
during the estimated period of construction of any | 22 | | redevelopment project
for which such obligations are | 23 | | issued and for not exceeding 36 months
thereafter and | 24 | | including reasonable reserves related thereto;
| 25 | | (7) To the extent the municipality by written agreement | 26 | | accepts and
approves
the same, all or a portion of a taxing |
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| 1 | | district's capital costs resulting
from the redevelopment | 2 | | project necessarily incurred or to be incurred within a
| 3 | | taxing district in
furtherance of the objectives of the | 4 | | redevelopment plan and project;
| 5 | | (7.5) For redevelopment project areas designated (or | 6 | | redevelopment
project areas amended to add or increase the | 7 | | number of
tax-increment-financing assisted housing units) | 8 | | on or after November 1,
1999,
an elementary, secondary,
or | 9 | | unit school
district's increased costs attributable to | 10 | | assisted housing units located
within the
redevelopment | 11 | | project area for which the developer or redeveloper | 12 | | receives
financial assistance through an agreement with | 13 | | the municipality or because the
municipality incurs the | 14 | | cost of necessary infrastructure improvements within
the | 15 | | boundaries of the assisted housing sites necessary for the | 16 | | completion of
that housing
as authorized by this Act, and | 17 | | which costs shall be paid by the municipality
from the | 18 | | Special Tax Allocation Fund when the tax increment revenue | 19 | | is received
as a result of the assisted housing units and | 20 | | shall be calculated annually as
follows:
| 21 | | (A) for foundation districts, excluding any school | 22 | | district in a
municipality with a population in excess | 23 | | of 1,000,000, by multiplying the
district's increase | 24 | | in attendance resulting from the net increase in new
| 25 | | students enrolled in that school district who reside in | 26 | | housing units within
the redevelopment project area |
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| 1 | | that have received financial assistance through
an | 2 | | agreement with the municipality or because the | 3 | | municipality incurs the cost
of necessary | 4 | | infrastructure improvements within the boundaries of | 5 | | the housing
sites necessary for the completion of that | 6 | | housing as authorized by this Act
since the designation | 7 | | of the redevelopment project area by the most recently
| 8 | | available per capita tuition cost as defined in Section | 9 | | 10-20.12a of the School
Code less any increase in | 10 | | general State aid as defined in Section 18-8.05 of
the | 11 | | School Code or evidence-based funding as defined in | 12 | | Section 18-8.15 of the School Code attributable to | 13 | | these added new students subject to the
following | 14 | | annual limitations:
| 15 | | (i) for unit school districts with a district | 16 | | average 1995-96 Per
Capita
Tuition Charge of less | 17 | | than $5,900, no more than 25% of the total amount | 18 | | of
property tax increment revenue produced by | 19 | | those housing units that have
received tax | 20 | | increment finance assistance under this Act;
| 21 | | (ii) for elementary school districts with a | 22 | | district average 1995-96
Per
Capita Tuition Charge | 23 | | of less than $5,900, no more than 17% of the total | 24 | | amount
of property tax increment revenue produced | 25 | | by those housing units that have
received tax | 26 | | increment finance assistance under this Act; and
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| 1 | | (iii) for secondary school districts with a | 2 | | district average 1995-96
Per
Capita Tuition Charge | 3 | | of less than $5,900, no more than 8% of the total | 4 | | amount
of property tax increment revenue produced | 5 | | by those housing units that have
received tax | 6 | | increment finance assistance under this Act.
| 7 | | (B) For alternate method districts, flat grant | 8 | | districts, and foundation
districts with a district | 9 | | average 1995-96 Per Capita Tuition Charge equal to or
| 10 | | more than $5,900, excluding any school district with a | 11 | | population in excess of
1,000,000, by multiplying the | 12 | | district's increase in attendance
resulting
from the | 13 | | net increase in new students enrolled in that school | 14 | | district who
reside in
housing units within the | 15 | | redevelopment project area that have received
| 16 | | financial assistance through an agreement with the | 17 | | municipality or because the
municipality incurs the | 18 | | cost of necessary infrastructure improvements within
| 19 | | the boundaries of the housing sites necessary for the | 20 | | completion of that
housing as authorized by this Act | 21 | | since the designation of the redevelopment
project | 22 | | area by the most recently available per capita tuition | 23 | | cost as defined
in Section 10-20.12a of the School Code | 24 | | less any increase in general state aid
as defined in | 25 | | Section 18-8.05 of the School Code or evidence-based | 26 | | funding as defined in Section 18-8.15 of the School |
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| 1 | | Code attributable to these added
new students subject | 2 | | to the following annual limitations:
| 3 | | (i) for unit school districts, no more than 40% | 4 | | of the total amount of
property tax increment | 5 | | revenue produced by those housing units that have
| 6 | | received tax increment finance assistance under | 7 | | this Act;
| 8 | | (ii) for elementary school districts, no more | 9 | | than 27% of the total
amount
of property tax | 10 | | increment revenue produced by those housing units | 11 | | that have
received tax increment finance | 12 | | assistance under this Act; and
| 13 | | (iii) for secondary school districts, no more | 14 | | than 13% of the total
amount
of property tax | 15 | | increment revenue produced by those housing units | 16 | | that have
received tax increment finance | 17 | | assistance under this Act.
| 18 | | (C) For any school district in a municipality with | 19 | | a population in
excess of
1,000,000, the following | 20 | | restrictions shall apply to the
reimbursement of | 21 | | increased costs under this paragraph (7.5):
| 22 | | (i) no increased costs shall be reimbursed | 23 | | unless the school district
certifies that each of | 24 | | the schools affected by the assisted housing | 25 | | project
is at or over its student capacity;
| 26 | | (ii) the amount reimbursable shall be reduced |
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| 1 | | by the value of any
land
donated to the school | 2 | | district by the municipality or developer, and by | 3 | | the
value of any physical improvements made to the | 4 | | schools by the
municipality or developer; and
| 5 | | (iii) the amount reimbursed may not affect | 6 | | amounts otherwise obligated
by
the terms of any | 7 | | bonds, notes, or other funding instruments, or the | 8 | | terms of
any redevelopment agreement.
| 9 | | Any school district seeking payment under this | 10 | | paragraph (7.5) shall,
after July 1 and before | 11 | | September 30 of each year,
provide the municipality | 12 | | with reasonable evidence to support its claim for
| 13 | | reimbursement before the municipality shall be | 14 | | required to approve or make
the payment to the school | 15 | | district. If the school district fails to provide
the | 16 | | information during this period in any year, it shall | 17 | | forfeit any claim to
reimbursement for that year. | 18 | | School districts may adopt a resolution
waiving the | 19 | | right to all or a portion of the reimbursement | 20 | | otherwise required
by this paragraph
(7.5). By | 21 | | acceptance of this reimbursement the school
district | 22 | | waives the right to directly or indirectly set aside, | 23 | | modify, or
contest in any manner the establishment of | 24 | | the redevelopment project area or
projects;
| 25 | | (7.7) For redevelopment project areas designated (or | 26 | | redevelopment
project areas amended to add or increase the |
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| 1 | | number of
tax-increment-financing assisted housing units) | 2 | | on or after
January 1, 2005 (the effective date of Public | 3 | | Act 93-961),
a public library
district's increased costs | 4 | | attributable to assisted housing units located
within the
| 5 | | redevelopment project area for which the developer or | 6 | | redeveloper receives
financial assistance through an | 7 | | agreement with the municipality or because the
| 8 | | municipality incurs the cost of necessary infrastructure | 9 | | improvements within
the boundaries of the assisted housing | 10 | | sites necessary for the completion of
that housing
as | 11 | | authorized by this Act shall be paid to the library | 12 | | district by the
municipality
from the Special Tax | 13 | | Allocation Fund when the tax increment revenue is received
| 14 | | as a result of the assisted housing units. This paragraph | 15 | | (7.7) applies only if (i) the library district is located | 16 | | in a county that is subject to the Property Tax Extension | 17 | | Limitation Law or (ii) the library district is not located | 18 | | in a county that is subject to the Property Tax Extension | 19 | | Limitation Law but the district is prohibited by any other | 20 | | law from increasing its tax levy rate without a prior voter | 21 | | referendum.
| 22 | | The amount paid to a library district under this | 23 | | paragraph (7.7) shall be
calculated
by multiplying (i) the | 24 | | net increase in the number of persons eligible to obtain
a
| 25 | | library card
in that district who reside in housing units | 26 | | within
the redevelopment project area that have received |
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| 1 | | financial assistance through
an agreement with the | 2 | | municipality or because the municipality incurs the cost
of | 3 | | necessary infrastructure improvements within the | 4 | | boundaries of the housing
sites necessary for the | 5 | | completion of that housing as authorized by this Act
since | 6 | | the designation of the redevelopment project area by (ii)
| 7 | | the per-patron cost of providing library services so long | 8 | | as it does not exceed $120.
The per-patron cost shall be | 9 | | the Total Operating Expenditures Per Capita for the library | 10 | | in the previous fiscal year.
The municipality may deduct | 11 | | from the amount that it must pay to a library district | 12 | | under this paragraph any amount that it has voluntarily | 13 | | paid to the library district from the tax increment | 14 | | revenue. The amount paid to a library district under this | 15 | | paragraph (7.7) shall be no
more
than 2% of the amount | 16 | | produced by the assisted housing units and deposited into | 17 | | the Special Tax Allocation Fund.
| 18 | | A library district is not eligible for any payment | 19 | | under this paragraph
(7.7)
unless the library district has | 20 | | experienced an increase in the
number of patrons from the | 21 | | municipality that created the tax-increment-financing | 22 | | district since the designation of the redevelopment | 23 | | project area.
| 24 | | Any library district seeking payment under this | 25 | | paragraph (7.7) shall,
after July 1 and before September 30 | 26 | | of each year,
provide the municipality with convincing |
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| 1 | | evidence to support its claim for
reimbursement before the | 2 | | municipality shall be required to approve or make
the | 3 | | payment to the library district. If the library district | 4 | | fails to provide
the information during this period in any | 5 | | year, it shall forfeit any claim to
reimbursement for that | 6 | | year. Library districts may adopt a resolution
waiving the | 7 | | right to all or a portion of the reimbursement otherwise | 8 | | required by this paragraph (7.7). By acceptance of such | 9 | | reimbursement, the library district shall forfeit any | 10 | | right to directly or indirectly set aside, modify, or | 11 | | contest in any manner whatsoever the establishment of the | 12 | | redevelopment project area or
projects; | 13 | | (8) Relocation costs to the extent that a municipality | 14 | | determines that
relocation costs shall be paid or is | 15 | | required to make payment of relocation
costs by federal or | 16 | | State law or in order to satisfy subparagraph (7) of
| 17 | | subsection (n);
| 18 | | (9) Payment in lieu of taxes;
| 19 | | (10) Costs of job training, retraining, advanced | 20 | | vocational education
or career
education, including but | 21 | | not limited to courses in occupational,
semi-technical or | 22 | | technical fields leading directly to employment, incurred
| 23 | | by one or more taxing districts, provided that such costs | 24 | | (i) are related
to the establishment and maintenance of | 25 | | additional job training, advanced
vocational education or | 26 | | career education programs for persons employed or
to be |
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| 1 | | employed by employers located in a redevelopment project | 2 | | area; and
(ii) when incurred by a taxing district or taxing | 3 | | districts other than the
municipality, are set forth in a | 4 | | written agreement by or among the
municipality and the | 5 | | taxing district or taxing districts, which agreement
| 6 | | describes the program to be undertaken, including but not | 7 | | limited to the
number of employees to be trained, a | 8 | | description of the training and
services to be provided, | 9 | | the number and type of positions available or to
be | 10 | | available, itemized costs of the program and sources of | 11 | | funds to pay for the
same, and the term of the agreement. | 12 | | Such costs include, specifically, the
payment by community | 13 | | college districts of costs pursuant to Sections 3-37,
3-38, | 14 | | 3-40 and 3-40.1 of the Public Community College Act and by | 15 | | school
districts of costs pursuant to Sections 10-22.20a | 16 | | and 10-23.3a of the School
Code;
| 17 | | (11) Interest cost incurred by a redeveloper related to | 18 | | the
construction, renovation or rehabilitation of a | 19 | | redevelopment project
provided that:
| 20 | | (A) such costs are to be paid directly from the | 21 | | special tax
allocation fund established pursuant to | 22 | | this Act;
| 23 | | (B) such payments in any one year may not exceed | 24 | | 30% of the annual
interest costs incurred by the | 25 | | redeveloper with regard to the redevelopment
project | 26 | | during that year;
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| 1 | | (C) if there are not sufficient funds available in | 2 | | the special tax
allocation fund to make the payment | 3 | | pursuant to this paragraph (11) then
the amounts so due | 4 | | shall accrue and be payable when sufficient funds are
| 5 | | available in the special tax allocation fund;
| 6 | | (D) the total of such interest payments paid | 7 | | pursuant to this Act
may not exceed 30% of the total | 8 | | (i) cost paid or incurred by the
redeveloper for the | 9 | | redevelopment project plus (ii) redevelopment project
| 10 | | costs excluding any property assembly costs and any | 11 | | relocation costs
incurred by a municipality pursuant | 12 | | to this Act;
| 13 | | (E) the cost limits set forth in subparagraphs (B) | 14 | | and (D) of
paragraph (11) shall be modified for the | 15 | | financing of rehabilitated or
new housing units for | 16 | | low-income households and very low-income households, | 17 | | as
defined in
Section 3 of the Illinois Affordable | 18 | | Housing Act. The percentage of
75% shall be substituted | 19 | | for 30% in subparagraphs (B) and (D) of
paragraph (11); | 20 | | and
| 21 | | (F) instead of the eligible costs provided by | 22 | | subparagraphs (B) and (D)
of
paragraph (11), as | 23 | | modified by this subparagraph, and notwithstanding
any | 24 | | other provisions of this Act to the contrary, the | 25 | | municipality may
pay from tax increment revenues up to | 26 | | 50% of the cost of construction
of new housing units to |
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| 1 | | be occupied by low-income households and very
| 2 | | low-income
households as defined in Section 3 of the | 3 | | Illinois Affordable Housing
Act. The cost of | 4 | | construction of those units may be derived from the
| 5 | | proceeds of bonds issued by the municipality under this | 6 | | Act or
other constitutional or statutory authority or | 7 | | from other sources of
municipal revenue that may be | 8 | | reimbursed from tax increment
revenues or the proceeds | 9 | | of bonds issued to finance the construction
of that | 10 | | housing.
| 11 | | The eligible costs provided under this | 12 | | subparagraph (F) of paragraph (11)
shall
be
an eligible | 13 | | cost for the construction, renovation, and | 14 | | rehabilitation of all
low and very low-income housing | 15 | | units, as defined in Section 3 of the Illinois
| 16 | | Affordable Housing Act, within the redevelopment | 17 | | project area. If the low and
very
low-income units are | 18 | | part of a residential redevelopment project that | 19 | | includes
units not affordable to low and very | 20 | | low-income households, only the low and
very | 21 | | low-income units shall be eligible for benefits under | 22 | | this subparagraph (F) of
paragraph (11).
The standards | 23 | | for maintaining the occupancy
by low-income households | 24 | | and very low-income households,
as
defined in Section 3 | 25 | | of the Illinois Affordable Housing Act,
of those units | 26 | | constructed with eligible costs made available under |
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| 1 | | the
provisions of
this subparagraph (F) of paragraph | 2 | | (11)
shall be
established by guidelines adopted by the | 3 | | municipality. The
responsibility for annually | 4 | | documenting the initial occupancy of
the units by | 5 | | low-income households and very low-income households, | 6 | | as defined
in
Section 3
of the Illinois Affordable | 7 | | Housing Act, shall be that of the then current
owner of | 8 | | the property.
For ownership units, the guidelines will | 9 | | provide, at a minimum, for a
reasonable recapture of | 10 | | funds, or other appropriate methods designed to
| 11 | | preserve the original affordability of the ownership | 12 | | units. For rental units,
the guidelines will provide, | 13 | | at a minimum, for the affordability of rent to low
and | 14 | | very low-income households. As units become available, | 15 | | they shall be
rented to income-eligible tenants.
The | 16 | | municipality may modify these
guidelines from time to | 17 | | time; the guidelines, however, shall be in effect
for | 18 | | as long as tax increment revenue is being used to pay | 19 | | for costs
associated with the units or for the | 20 | | retirement of bonds issued to finance
the units or for | 21 | | the life of the redevelopment project area, whichever | 22 | | is
later;
| 23 | | (11.5) If the redevelopment project area is located | 24 | | within a municipality
with a population of more than | 25 | | 100,000, the cost of day care services for
children of | 26 | | employees from
low-income
families working for businesses |
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| 1 | | located within the redevelopment project area
and all or a
| 2 | | portion of the cost of operation of day care centers | 3 | | established by
redevelopment project
area businesses to | 4 | | serve employees from low-income families working in
| 5 | | businesses
located in the redevelopment project area. For | 6 | | the purposes of this paragraph,
"low-income families" | 7 | | means families whose annual income does not exceed 80% of
| 8 | | the
municipal, county, or regional median income, adjusted | 9 | | for family size, as the
annual
income and municipal, | 10 | | county, or regional median income are determined from
time | 11 | | to
time by the United States Department of Housing and | 12 | | Urban Development.
| 13 | | (12) Costs relating to the development of urban | 14 | | agricultural areas under Division 15.2 of the Illinois | 15 | | Municipal Code. | 16 | | Unless explicitly stated herein the cost of construction of | 17 | | new
privately-owned buildings shall not be an eligible | 18 | | redevelopment project cost.
| 19 | | After November 1, 1999 (the effective date of Public Act
| 20 | | 91-478), none of
the
redevelopment project costs enumerated in | 21 | | this subsection shall be eligible
redevelopment project costs | 22 | | if those costs would provide direct financial
support to a
| 23 | | retail entity initiating operations in the
redevelopment | 24 | | project area while
terminating operations at another Illinois | 25 | | location within 10 miles of the
redevelopment project area but | 26 | | outside the boundaries of the redevelopment
project area |
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| 1 | | municipality. For
purposes of this paragraph, termination | 2 | | means a
closing of a retail operation that is directly related | 3 | | to the opening of the
same operation or like retail entity | 4 | | owned or operated by more than 50% of the
original ownership in | 5 | | a redevelopment project area, but
it does not mean
closing an | 6 | | operation for reasons beyond the control of the
retail entity, | 7 | | as
documented by the retail entity, subject to a reasonable | 8 | | finding by the
municipality that the current location contained | 9 | | inadequate space, had become
economically obsolete, or was no | 10 | | longer a viable location for the retailer or
serviceman.
| 11 | | No cost shall be a redevelopment project cost in a | 12 | | redevelopment project area if used to demolish, remove, or | 13 | | substantially modify a historic resource, after August 26, 2008 | 14 | | (the effective date of Public Act 95-934), unless no prudent | 15 | | and feasible alternative exists. "Historic resource" for the | 16 | | purpose of this paragraph means (i) a place or structure that | 17 | | is included or eligible for inclusion on the National Register | 18 | | of Historic Places or (ii) a contributing structure in a | 19 | | district on the National Register of Historic Places. This | 20 | | paragraph does not apply to a place or structure for which | 21 | | demolition, removal, or modification is subject to review by | 22 | | the preservation agency of a Certified Local Government | 23 | | designated as such by the National Park Service of the United | 24 | | States Department of the Interior. | 25 | | If a special service area has been established pursuant to
| 26 | | the Special Service Area Tax Act or Special Service Area Tax |
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| 1 | | Law, then any
tax increment revenues derived
from the tax | 2 | | imposed pursuant to the Special Service Area Tax Act or Special
| 3 | | Service Area Tax Law may
be used within the redevelopment | 4 | | project area for the purposes permitted by
that Act or Law as | 5 | | well as the purposes permitted by this Act.
| 6 | | (q-1) For redevelopment project areas created pursuant to | 7 | | subsection (p-1), redevelopment project costs are limited to | 8 | | those costs in paragraph (q) that are related to the existing | 9 | | or proposed Regional Transportation Authority Suburban Transit | 10 | | Access Route (STAR Line) station. | 11 | | (q-2) For a redevelopment project area located within a | 12 | | transit facility improvement area established pursuant to | 13 | | Section 11-74.4-3.3, redevelopment project costs means those | 14 | | costs described in subsection (q) that are related to the | 15 | | construction, reconstruction, rehabilitation, remodeling, or | 16 | | repair of any existing or proposed transit facility. | 17 | | (r) "State Sales Tax Boundary" means the redevelopment | 18 | | project area or
the amended redevelopment project area | 19 | | boundaries which are determined
pursuant to subsection (9) of | 20 | | Section 11-74.4-8a of this
Act. The Department of Revenue shall | 21 | | certify pursuant to subsection (9) of
Section 11-74.4-8a the | 22 | | appropriate boundaries eligible for the
determination of State | 23 | | Sales Tax Increment.
| 24 | | (s) "State Sales Tax Increment" means an amount equal to | 25 | | the increase
in the aggregate amount of taxes paid by retailers | 26 | | and servicemen, other
than retailers and servicemen subject to |
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| 1 | | the Public Utilities Act,
on transactions at places of business | 2 | | located within a State Sales Tax
Boundary pursuant to the | 3 | | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | 4 | | Tax Act, and the Service Occupation Tax Act, except such
| 5 | | portion of such increase that is paid into the State and Local | 6 | | Sales Tax
Reform Fund, the Local Government Distributive Fund, | 7 | | the Local
Government Tax Fund and the County and Mass Transit | 8 | | District Fund, for as
long as State participation exists, over | 9 | | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | 10 | | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | 11 | | taxes as certified by the Department of Revenue and
paid under | 12 | | those Acts by retailers and servicemen on transactions at | 13 | | places
of business located within the State Sales Tax Boundary | 14 | | during the base
year which shall be the calendar year | 15 | | immediately prior to the year in
which the municipality adopted | 16 | | tax increment allocation financing, less
3.0% of such amounts | 17 | | generated under the Retailers' Occupation Tax Act, Use
Tax Act | 18 | | and Service Use Tax Act and the Service Occupation Tax Act, | 19 | | which
sum shall be appropriated to the Department of Revenue to | 20 | | cover its costs
of administering and enforcing this Section. | 21 | | For purposes of computing the
aggregate amount of such taxes | 22 | | for base years occurring prior to 1985, the
Department of | 23 | | Revenue shall compute the Initial Sales Tax Amount for such
| 24 | | taxes and deduct therefrom an amount equal to 4% of the | 25 | | aggregate amount of
taxes per year for each year the base year | 26 | | is prior to 1985, but not to
exceed a total deduction of 12%. |
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| 1 | | The amount so determined shall be known
as the "Adjusted | 2 | | Initial Sales Tax Amount". For purposes of determining the
| 3 | | State Sales Tax Increment the Department of Revenue shall for | 4 | | each period
subtract from the tax amounts received from | 5 | | retailers and servicemen on
transactions located in the State | 6 | | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | 7 | | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | 8 | | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| 9 | | the Service Use Tax Act and the Service Occupation Tax Act. For | 10 | | the State
Fiscal Year 1989 this calculation shall be made by | 11 | | utilizing the calendar
year 1987 to determine the tax amounts | 12 | | received. For the State Fiscal Year
1990, this calculation | 13 | | shall be made by utilizing the period from January
1, 1988, | 14 | | until September 30, 1988, to determine the tax amounts received
| 15 | | from retailers and servicemen, which shall have deducted | 16 | | therefrom
nine-twelfths of the certified Initial Sales Tax | 17 | | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | 18 | | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | 19 | | Year 1991, this calculation shall be made by utilizing
the | 20 | | period from October 1, 1988, until June 30, 1989, to determine | 21 | | the tax
amounts received from retailers and servicemen, which | 22 | | shall have
deducted therefrom nine-twelfths of the certified | 23 | | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | 24 | | Amounts or the Revised Initial Sales
Tax Amounts as | 25 | | appropriate. For every State Fiscal Year thereafter, the
| 26 | | applicable period shall be the 12 months beginning July 1 and |
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| 1 | | ending on
June 30, to determine the tax amounts received which | 2 | | shall have deducted
therefrom the certified Initial Sales Tax | 3 | | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | 4 | | Initial Sales Tax Amounts. Municipalities
intending to receive | 5 | | a distribution of State Sales Tax Increment must
report a list | 6 | | of retailers to the Department of Revenue by October 31, 1988
| 7 | | and by July 31, of each year thereafter.
| 8 | | (t) "Taxing districts" means counties, townships, cities | 9 | | and incorporated
towns and villages, school, road, park, | 10 | | sanitary, mosquito abatement, forest
preserve, public health, | 11 | | fire protection, river conservancy, tuberculosis
sanitarium | 12 | | and any other municipal corporations or districts with the | 13 | | power
to levy taxes.
| 14 | | (u) "Taxing districts' capital costs" means those costs of | 15 | | taxing districts
for capital improvements that are found by the | 16 | | municipal corporate authorities
to be necessary and directly | 17 | | result from the redevelopment project.
| 18 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
| 19 | | Act, "vacant
land" means any parcel or combination of parcels | 20 | | of real property without
industrial, commercial, and | 21 | | residential buildings which has not been used
for commercial | 22 | | agricultural purposes within 5 years prior to the
designation | 23 | | of the redevelopment project area, unless the parcel
is | 24 | | included in an industrial park conservation area or the parcel | 25 | | has
been subdivided; provided that if the parcel was part of a | 26 | | larger tract that
has been divided into 3 or more smaller |
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| 1 | | tracts that were accepted for
recording during the period from | 2 | | 1950 to 1990, then the parcel shall be deemed
to have been | 3 | | subdivided, and all proceedings and actions of the municipality
| 4 | | taken in that connection with respect to any previously | 5 | | approved or designated
redevelopment project area or amended | 6 | | redevelopment project area are hereby
validated and hereby | 7 | | declared to be legally sufficient for all purposes of this
Act.
| 8 | | For purposes of this Section and only for land subject to
the | 9 | | subdivision requirements of the Plat Act, land is subdivided | 10 | | when the
original plat of
the proposed Redevelopment Project | 11 | | Area or relevant portion thereof has
been
properly certified, | 12 | | acknowledged, approved, and recorded or filed in accordance
| 13 | | with the Plat Act and a preliminary plat, if any, for any | 14 | | subsequent phases of
the
proposed Redevelopment Project Area or | 15 | | relevant portion thereof has been
properly approved and filed | 16 | | in accordance with the applicable ordinance of the
| 17 | | municipality.
| 18 | | (w) "Annual Total Increment" means the sum of each | 19 | | municipality's
annual Net Sales Tax Increment and each | 20 | | municipality's annual Net Utility
Tax Increment. The ratio of | 21 | | the Annual Total Increment of each
municipality to the Annual | 22 | | Total Increment for all municipalities, as most
recently | 23 | | calculated by the Department, shall determine the proportional
| 24 | | shares of the Illinois Tax Increment Fund to be distributed to | 25 | | each
municipality.
| 26 | | (x) "LEED certified" means any certification level of |
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| 1 | | construction elements by a qualified Leadership in Energy and | 2 | | Environmental Design Accredited Professional as determined by | 3 | | the U.S. Green Building Council. | 4 | | (y) "Green Globes certified" means any certification level | 5 | | of construction elements by a qualified Green Globes | 6 | | Professional as determined by the Green Building Initiative. | 7 | | (Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17; | 8 | | 100-465, eff. 8-31-17.)
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