(315 ILCS 30/21) (from Ch. 67 1/2, par. 91.121)
Sec. 21.
Whenever the Department determines that an area within the
municipality may be eligible for designation as a conservation area within
the meaning of this Act, it shall make such investigation and hold such
hearings as may be required, including at least one public hearing held
within the area. Any hearing may be conducted by the Department or by a
committee appointed by it, consisting of one or more members of the
Department. The Department and any member, employee or agent thereof so
designated shall have power to administer oaths, take affidavits, subpoena
and require the attendance and testimony of witnesses and the production of
books and papers pertaining to such investigation. The Department may after
such hearing designate such areas as conservation areas for the purposes of
this Act. Such designation together with an accurate description of the
area included in such designation shall be made by resolution of the
majority of the Department and be part of the records of the Department.
Following such designation the Department shall draw up or have
submitted for its approval a conservation plan for the area, which plan may
include but is not limited to (1) land uses, residential and
non-residential; (2) improvement, alteration, or vacation of major and
minor streets and alleys, provision for restricted service access, and
off-street parking; (3) locations and easements for public utilities; (4)
community facilities; (5) landscaping and site engineering; (6) building
restrictions; (7) recommended construction including new buildings,
rehabilitation and conversions, demolition of designated structures, and
elimination of non-conforming uses; (8) population density, ground
coverage, and number of dwelling units recommended; (9) recommended
standards of maintenance, and requirements of applicable health and safety
ordinances; (10) zoning and/or rezoning required; (11) costs and financing
arrangements of public portions of the plan; (12) recommended time table of
various stages of the program; (13) any and all other steps needed to carry
out the plan. Such plan shall conform to the comprehensive plan, if any, of
the municipality. In any municipality which has provided for the creation
of a Department, to operate within the boundaries of such municipality,
pursuant to the provisions of this Act, the Department shall nominate and
the presiding officer shall appoint no less than nine nor more than fifteen
residents of each conservation area designated by the Department to serve
as a "Conservation Community Council" for their respective areas. One
member of each such council shall be designated as Chairman by the
presiding officer. Members of such councils shall be appointed to serve
three year terms except that one-third of the initial membership of each
council shall serve terms of one year and one-third of the initial
membership of each council shall serve terms of two years. Members shall
serve without pay and shall be eligible to succeed themselves. A member
shall hold office until his successor shall have been appointed and
qualified. No member of a council may hold public or political party office
during his period of membership. A majority of the members of each council
shall constitute a quorum to transact business and no vacancy shall impair
the right of the remaining members to exercise all the powers of each
council, and every action of a conservation community council approved by a
majority of the members present shall be deemed to be the action of the
conservation community council; provided that not less than five members
shall constitute a quorum.
The councils shall:
(a) Consult with, assist and advise the Department in the preparation of
the conservation plan for their respective areas;
(b) Assist the Department in the administration of the conservation plan
within their respective areas;
(c) Approve by majority vote as hereinbefore provided the conservation
plan for their respective areas before it is submitted to the governing
body, as hereinafter provided;
(d) Take vigorous appropriate steps to reconstitute community pride and
encourage self-help through planned individual and block rehabilitation
efforts within their respective areas.
Any Conservation Community Council heretofore created pursuant to the
"Urban Community Conservation Act," approved July 13, 1953, as amended,
shall be deemed lawfully and validly created under the terms of this Act,
and shall have all the authority and exercise the same powers, and be
subject to the same duties as herein prescribed for Conservation Community
Councils; and nothing herein contained shall affect or impair the validity
of any act or proceeding done or performed by such Conservation Community
Councils under the aforesaid Urban Community Conservation Act.
The Department shall cooperate and consult with public and private
agencies and individuals interested in the area, in preparing the plan.
Upon its completion the plan shall be submitted to the governing body,
together with a request for such implementing legislation as may be
required and within the authority of the governing body and the opinion of
the plan commission of the municipality, if any, on the merits of the plan.
The governing body of the municipality shall by resolution adopt or
reject such plan. Following favorable action by the governing body, the
Department shall certify such plan as adopted and may thereafter exercise
in such areas the powers granted under this Act; provided that nothing in
this Section shall restrict the Department from the exercise within the
municipality of any other powers which have been delegated to it by the
governing body, notwithstanding the failure to certify any conservation
plan as adopted.
(Source: P.A. 77-124.)
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