(315 ILCS 20/18) (from Ch. 67 1/2, par. 268)
Sec. 18.
Public
hearing upon development plan-Issuance or denial of certificate of
convenience and necessity.
(1) The Redevelopment Commission, after receipt of an application by a
Neighborhood Redevelopment Corporation for approval of a proposed
Development Plan, and after the conditions in subparagraphs (a), (b) and
(c) of paragraph 2 of Section 17 of this Act have been fulfilled, before
determining the several conditions prescribed by paragraph 3 of Section 17
of this Act, shall do the following: Firstly, it shall transmit a copy of
the application to the Plan Commission, if any, of the city, village or
incorporated town wherein the Redevelopment Commission is acting, with the
request that the Plan Commission file with it within thirty days' time such
advisory report on the application as the Plan Commission may desire to
make upon the appropriateness and desirability, from a municipal planning
point of view, of the Development Plan proposed in the application, and
upon the characterization of the proposed Development Area. Secondly, it
shall after the expiration of said thirty days' time hold a public hearing
upon the proposed Development Plan. Notice of the time, place and purpose
of the hearing shall be published at least once each week for three
consecutive weeks in a secular newspaper in general circulation in the
city, village or incorporated town in which the proposed Development Area
is located, which newspaper shall have been printed and published for at
least six months prior to the first publication of notice, the time of the
hearing to be within ten days from the last publication of notice. The
notice shall specify by legal description and by city blocks, street and
number, if any, the proposed Development Area and shall further specify the
place where copies of the application for the approval of the proposed
Development Plan are available. The Redevelopment Commission shall require
the Neighborhood Redevelopment Corporation to file with the application
such number of copies thereof, to be available without charge to the
public, as the Redevelopment Commission may by rule determine. At the time
and place of such hearing, informal criticisms, suggestions and objections
to the application for approval of the proposed Development Plan may be
made by any party in attendance; Provided, that in each instance wherein
the Plan Commission has filed with the Redevelopment Commission within the
thirty days' time its advisory report, the chairman of the Plan Commission
shall designate a representative to appear before the Redevelopment
Commission and be heard touching the matters and things contained in said
advisory report. Within ten days after the conclusion of the hearing the
Redevelopment Commission shall determine whether the proposed Development
Plan fulfills the conditions prescribed by paragraph 3 of Section 17 of
this Act.
(2) In the event that the Redevelopment Commission shall determine,
after the hearing prescribed by paragraph 1 of this Section, that the
proposed Development Plan fulfills the conditions prescribed by paragraph 3
of Section 17 of this Act, the Redevelopment Commission shall make and
enter upon its records an appropriate order approving the Development Plan,
prescribing the respective time limits within which the Neighborhood
Redevelopment Corporation shall firstly initiate and shall secondly
complete the Development and reserving jurisdiction to extend the time
limits upon application filed in the manner prescribed by Section 20 of
this Act, and reciting as findings the determinative conditions and such
additional findings as the Redevelopment Commission deems appropriate.
Whenever a Development Plan, as approved, would be more adapted to
effectuate the public use defined in Section 2 of this Act through the
vacation of streets, alleys or other public spaces, or through the
amendment to the zoning ordinance or ordinances applicable to the district
wherein the Development Area is located, or through both such vacation and
amendment, the Redevelopment Commission shall specify in its order the
extent of the vacation or the desired amendment to the zoning ordinance or
ordinances, or both as the case may be, and that the vacation or amendment
is, or both the vacation and amendment are, appropriate to the
Redevelopment sought to be achieved. A copy of the order approving the
Development Plan shall immediately upon its entry be posted in the place
where the hearing was held and, in order to initiate judicial review of the
order, written objections thereto may be filed with the Redevelopment
Commission within twenty days after its entry, but not thereafter, by any
one or more of the owners or lienors of the Real Property which must be
acquired, by purchase, condemnation or otherwise, in order to effectuate
the Development Plan, or by any municipal corporation or agency thereof, or
by any public corporation affected thereby. Concurrently with the entry of
the order by the Redevelopment Commission, it shall issue to the
Neighborhood Redevelopment Corporation a certificate that the acquisition
of Real Property and its Development in the Development Area is necessary
and convenient for the public purposes to be served thereby and is part of
the public use declared by this Act.
(3) In the event that the Redevelopment Commission shall determine,
after the hearing prescribed by paragraph 1 of this Section, that the
proposed Development Plan does not meet the conditions prescribed by
paragraph 3 of Section 17 of this Act, the Redevelopment Commission shall
make and enter upon its records an appropriate order rejecting the
Development Plan, specifying in detail therein the determinative condition
or conditions not fulfilled and for reason of which the rejection was
ordered. Not earlier than forty days and not later than fifty days from the
date of the entry of the order, the Redevelopment Commission, unless a
judicial review of its order of rejection shall have been initiated
pursuant to Section 30.01 of this Act, shall return the bond and
agreements specified in subparagraphs (a), (b) and (c) of paragraph 2 of
Section 17 of this Act.
(Source: Laws 1949, p. 637.)
|