Statutes > Illinois Statutes > CHAPTER 65 MUNICIPALITIES > 65 ILCS 115/ River Edge Redevelopment Zone Act. > Article 10 - River Edge Redevelopment Zone Act

Article 10 - River Edge Redevelopment Zone Act


 
    (65 ILCS 115/Art. 10 heading)
ARTICLE 10.
RIVER EDGE REDEVELOPMENT ZONE ACT
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑1)
    Sec. 10‑1. This Article may be cited as the River Edge Redevelopment Zone Act, and references in this Article to "this Act" mean this Article.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑2)
    Sec. 10‑2. Findings. The General Assembly finds and declares that those municipalities adjacent to or surrounding river areas often lack critical tools to safely revive and redevelop environmentally‑challenged properties that will stimulate economic revitalization and create jobs in Illinois. Environmentally‑challenged properties adjacent to or surrounding Illinois rivers are a threat to the health, safety, and welfare of the people of this State. Many of these environmentally‑challenged properties adjacent to or surrounding rivers were former industrial areas that now, subject to appropriate environmental clean‑up and remediation, would be ideal for office, residential, retail, hospitality, commercial, recreational, warehouse and distribution, and other economically productive uses. The cost of the cleaning and remediation of these environmentally‑challenged properties is often the primary obstacle to returning these properties to a safe and economically productive use.
    Cooperative and continuous partnership among the State, through the Department of Commerce and Economic Opportunity and the Environmental Protection Agency, municipalities adjacent to or surrounding rivers, and the private sector is necessary to appropriately encourage the cost‑effective cleaning and remediation of these environmentally‑challenged properties in order to bring about a safe and economically productive use of the properties.
     Therefore, it is declared to be the purpose of this Act to identify and initiate 3 pilot River Edge Redevelopment Zones to stimulate the safe and cost‑effective re‑use of environmentally‑challenged properties adjacent to or surrounding rivers by means of tax incentives or grants.
(Source: P.A. 94‑1021, eff. 7‑12‑06; 94‑1022, eff. 7‑12‑06.)

    (65 ILCS 115/10‑3)
    Sec. 10‑3. Definitions. As used in this Act:
    "Department" means the Department of Commerce and
     Economic Opportunity.
    "River Edge Redevelopment Zone" means an area of the
     State certified by the Department as a River Edge Redevelopment Zone pursuant to this Act.
    "Designated zone organization" means an association or
     entity: (1) the members of which are substantially all residents of the River Edge Redevelopment Zone or of the municipality in which the River Edge Redevelopment Zone is located; (2) the board of directors of which is elected by the members of the organization; (3) that satisfies the criteria set forth in Section 501(c) (3) or 501(c) (4) of the Internal Revenue Code; and (4) that exists primarily for the purpose of performing within the zone, for the benefit of the residents and businesses thereof, any of the functions set forth in Section 8 of this Act.
    "Agency" means: each officer, board, commission, and
     agency created by the Constitution, in the executive branch of State government, other than the State Board of Elections; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. No entity is an "agency" for the purposes of this Act unless the entity is authorized by law to make rules or regulations.
    "Rule" means each agency statement of general
     applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, (ii) intra‑agency memoranda, or (iii) the prescription of standardized forms.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑4)
    Sec. 10‑4. Qualifications for River Edge Redevelopment Zones.
An area is qualified to become a zone if it:
        (1) is a contiguous area adjacent to or surrounding a
     river;
        (2) comprises a minimum of one half square mile and
     not more than 12 square miles, exclusive of lakes and waterways;
        (3) satisfies any additional criteria established by
     the Department consistent with the purposes of this Act;
        (4) is entirely within a single municipality; and
        (5) has at least 100 acres of environmentally
     challenged land within 1500 yards of the riverfront.
(Source: P.A. 94‑1021, eff. 7‑12‑06; 94‑1022, eff. 7‑12‑06.)

    (65 ILCS 115/10‑5)
    Sec. 10‑5. Initiation of River Edge Redevelopment Zones by Municipality.
    (a) No area may be designated as a river edge redevelopment zone except pursuant to an initiating ordinance adopted in accordance with this Section.
    (b) A municipality may by ordinance designate an area within its jurisdiction as a river edge redevelopment zone, subject to the certification of the Department in accordance with this Act, if:
        (i) the area is qualified in accordance with Section
     10‑4; and
        (ii) the municipality has conducted at least one
     public hearing within the proposed zone area on the question of whether to create the zone, what local plans, tax incentives and other programs should be established in connection with the zone, and what the boundaries of the zone should be; public notice of such hearing shall be published in at least one newspaper of general circulation within the zone area, not more than 20 days nor less than 5 days before the hearing.
    (c) An ordinance designating an area as a river edge
     redevelopment zone shall set forth:
        (i) a precise description of the area comprising the
     zone, either in the form of a legal description or by reference to roadways, lakes and waterways, and municipality boundaries;
        (ii) a finding that the zone area meets the
     qualifications of Section 10‑4;
        (iii) provisions for any tax incentives or
     reimbursement for taxes, which pursuant to State and federal law apply to business enterprises within the zone at the election of the designating municipality, and which are not applicable throughout the municipality;
        (iv) a designation of the area as a river edge
     redevelopment zone, subject to the approval of the Department in accordance with this Act; and
        (v) the duration or term of the river edge
     redevelopment zone.
    (d) This Section does not prohibit a municipality from
     extending additional tax incentives or reimbursement for business enterprises in river edge redevelopment zones or throughout their territory by separate ordinance.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑5.1)
    Sec. 10‑5.1. Application to Department.
A municipality that has adopted an ordinance designating an
     area as a river edge redevelopment zone shall make written application to the Department to have the proposed zone certified. The application shall include:
        (1) a certified copy of the ordinance designating the
     proposed zone;
        (2) a map of the proposed zone;
        (3) an analysis, and any appropriate supporting
     documents, demonstrating that the proposed zone area is qualified in accordance with Section 10‑4;
        (4) a statement detailing any tax, grant, and other
     financial incentives or benefits, and any programs, to be provided by the municipality to business enterprises or organizations within the zone, other than those provided in the designating ordinance, which are not to be provided throughout the municipality;
        (5) a statement setting forth the economic
     development and planning objectives for the zone;
        (6) an estimate of the economic impact of the zone,
     considering all of the tax incentives, financial benefits and programs contemplated, upon the revenues of the municipality;
        (7) a transcript of all public hearings on the zone;
        (8) a statement describing the functions, programs,
     and services to be performed by designated zone organizations within the zone; and
        (9) such additional information as the Department by
     rule may require.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑5.2)
    Sec. 10‑5.2. Department Review of River Edge Redevelopment Zone Applications.
    (a) All applications must be considered and acted upon by
     the Department no later than 180 days after being received by the Department.
    (b) Upon receipt of an application from a municipality
     the Department shall review the application to determine whether the designated area qualifies as a River Edge Redevelopment Zone under Section 10‑4 of this Act.
    (c) If any such designated area is found to be qualified
     to be a River Edge Redevelopment Zone, the Department shall publish a notice in at least one newspaper of general circulation within the municipality in which the proposed zone is located to notify the general public of the application and their opportunity to comment. Such notice shall include a description of the area and a brief summary of the application and shall indicate locations where the applicant has provided copies of the application for public inspection. The notice shall also indicate appropriate procedures for the filing of written comments from zone residents, business, civic, and other organizations and property owners to the Department.
    (d) Within 180 days after receiving an application, the
     Department shall either approve or deny that application. If an approval of an application is not received within 180 days after the Department's receipt of the application, then the application is considered to be denied. If an application is denied, the Department shall inform the municipality of the specific reasons for the denial.
    (e) In determining which designated areas shall be
     approved and certified as River Edge Redevelopment Zones, the Department shall give preference to:
        (1) areas with high levels of environmentally
     challenged areas;
        (2) areas that have evidenced the widest support from
     the municipality seeking to have such areas designated as River Edge Redevelopment Zones;
        (3) areas for which a specific plan has been
     submitted to effect economic growth and expansion;
        (4) areas for which there is evidence of prior
     consultation between the municipality seeking designation of an area as an River Edge Redevelopment Zone and business, labor, and neighborhood organizations within the proposed Zone;
        (5) areas for which a specific plan has been
     submitted which will or may be expected to benefit zone residents and workers by increasing their ownership opportunities and participation in a River Edge Redevelopment Zone development.
    (f) The Department's determination of whether to certify
     a River Edge Redevelopment Zone shall be based on the purposes of this Act, the criteria set forth in Section 10‑4 and subsection (e) of this Section, and any additional criteria adopted by regulation of the Department under paragraph (d) of Section 10‑4.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑5.3)
    Sec. 10‑5.3. Certification of River Edge Redevelopment Zones.
    (a) Approval of designated River Edge Redevelopment Zones
     shall be made by the Department by certification of the designating ordinance. The Department shall promptly issue a certificate for each zone upon its approval. The certificate shall be signed by the Director of the Department, shall make specific reference to the designating ordinance, which shall be attached thereto, and shall be filed in the office of the Secretary of State. A certified copy of the River Edge Redevelopment Zone Certificate, or a duplicate original thereof, shall be recorded in the office of the recorder of deeds of the county in which the River Edge Redevelopment Zone lies.
    (b) A River Edge Redevelopment Zone shall be effective
     upon its certification. The Department shall transmit a copy of the certification to the Department of Revenue, and to the designating municipality. Upon certification of a River Edge Redevelopment Zone, the terms and provisions of the designating ordinance shall be in effect, and may not be amended or repealed except in accordance with Section 10‑5.4.
    (c) A River Edge Redevelopment Zone shall be in effect
     for the period stated in the certificate, which shall in no event exceed 30 calendar years. Zones shall terminate at midnight of December 31 of the final calendar year of the certified term, except as provided in Section 10‑5.4.
    (d) In calendar years 2006 and 2007, the Department may certify one pilot River Edge Redevelopment Zone in the City of East St. Louis, one pilot River Edge Redevelopment Zone in the City of Rockford, and one pilot River Edge Redevelopment Zone in the City of Aurora.
    In calendar year 2009, the Department may certify one pilot River Edge Redevelopment Zone in the City of Elgin.
    Thereafter the Department may not certify any additional River Edge Redevelopment Zones, but may amend and rescind certifications of existing River Edge Redevelopment Zones in accordance with Section 10‑5.4.
    (e) A municipality in which a River Edge Redevelopment Zone has been certified must submit to the Department, within 60 days after the certification, a plan for encouraging the participation by minority persons, females, persons with disabilities, and veterans in the zone. The Department may assist the municipality in developing and implementing the plan. The terms "minority person", "female", and "person with a disability" have the meanings set forth under Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. "Veteran" means an Illinois resident who is a veteran as defined in subsection (h) of Section 1491 of Title 10 of the United States Code.
(Source: P.A. 96‑37, eff. 7‑13‑09.)

    (65 ILCS 115/10‑5.4)
    Sec. 10‑5.4. Amendment and decertification of River Edge Redevelopment Zones.
    (a) The terms of a certified zone designating ordinance
     may be amended to:
        (1) alter the boundaries of the Zone;
        (2) expand, limit or repeal tax incentives or
     benefits provided in the ordinance;
        (3) alter the termination date of the zone; or
        (4) make technical corrections in the river edge
     redevelopment zone designating ordinance.
    An amendment shall not be effective unless the Department
     issues an amended certificate for the River Edge Redevelopment Zone, approving the amended designating ordinance. Upon the adoption of any ordinance amending or repealing the terms of a certified river edge redevelopment zone designating ordinance, the municipality shall promptly file with the Department an application for approval thereof, containing substantially the same information as required for an application under Section 10‑5.1 insofar as material to the proposed changes. The municipality must hold a public hearing on the proposed changes as specified in Section 10‑5 and, if the amendment is to effectuate the limitation of tax abatements under Section 10‑5.4.1, then the public notice of the hearing shall state that property that is in both the zone and a redevelopment project area may not receive tax abatements unless within 60 days after the adoption of the amendment to the designating ordinance the municipality has determined that eligibility for tax abatements has been established.
    (b) The Department shall approve or disapprove a proposed
     amendment to a certified zone within 90 days after its receipt of the application from the municipality. The Department may not approve changes in a Zone that are not in conformity with this Act, as now or hereafter amended, or with other applicable laws. If the Department issues an amended certificate for a Zone, the amended certificate, together with the amended zone designating ordinance, shall be filed, recorded, and transmitted as provided in Section 10‑5.3.
    (c) A River Edge Redevelopment Zone may be decertified by
     joint action of the Department and by the municipality in which the River Edge Development Zone is located. The designating municipality shall conduct at least one public hearing within the zone prior to its adoption of an ordinance of decertification. The mayor of the designating municipality shall execute a joint decertification agreement with the Department. A decertification of a River Edge Redevelopment Zone that was initiated by the joint action of the Department and one or more of the municipalities in which the zone is located shall not become effective until at least 6 months after the execution of the decertification agreement, which shall be filed in the office of the Secretary of State.
    (d) A River Edge Redevelopment Zone may be decertified
     for cause by the Department in accordance with this Section. Prior to decertification:
        (1) the Department shall notify the chief elected
     official of the designating municipality in writing of the specific deficiencies that provide cause for decertification;
        (2) the Department shall place the designating
     municipality on probationary status for at least 6 months during which time corrective action may be achieved in the zone by the designating municipality; and
        (3) the Department shall conduct at least one public
     hearing within the zone.
If such corrective action is not achieved during the
     probationary period, the Department shall issue an amended certificate signed by the Director of the Department decertifying the zone, which certificate shall be filed in the office of the Secretary of State. A certified copy of the amended certificate, or a duplicate original thereof, shall be recorded in the office of recorder of the county in which the River Edge Redevelopment Zone lies, and shall be provided to the chief elected official of the designating municipality. Decertification of a River Edge Redevelopment Zone for cause shall not become effective until 60 days after the date of filing.
    (e) In the event of a decertification, an amendment
     reducing the length of the term or the area of a River Edge Redevelopment Zone, or the adoption of an ordinance reducing or eliminating tax benefits in a zone, all benefits previously extended within the zone pursuant to this Act or pursuant to any other Illinois law providing benefits specifically to or within River Edge Redevelopment Zones shall remain in effect for the original stated term of the zone, with respect to business enterprises within the zone on the effective date of such decertification or amendment.
    (f) With respect to a business enterprise (or expansion
     thereof) that is proposed or under development within a zone at the time of a decertification or an amendment reducing the length of the term of the zone, or excluding from the zone area the site of the proposed enterprise, or an ordinance reducing or eliminating tax benefits in a zone, such business enterprise is entitled to the benefits previously applicable within the zone for the original stated term of the zone, if the business enterprise establishes:
        (i) that the proposed business enterprise or
     expansion has been committed to be located within the zone;
        (ii) that substantial and binding financial
     obligations have been made towards the development of such enterprise; and
        (iii) that such commitments have been made in
     reasonable reliance on the benefits and programs which were to have been applicable to the enterprise by reason of the zone, including in the case of a reduction in term of a zone, the original length of the term.
    In declaratory judgment actions under this subsection,
     the Department and the designating municipality shall be necessary parties defendant.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑5.4.1)
    Sec. 10‑5.4.1. Adoption of tax increment financing.
    (a) If (i) a redevelopment project area is, will be, or
     has been created by a municipality under Division 74.4 of Article 11 of the Illinois Municipal Code, (ii) the redevelopment project area contains property that is located in a River Edge Redevelopment Zone, (iii) the municipality adopts an amendment to the River Edge Redevelopment Zone designating ordinance pursuant to Section 10‑4 of this Act specifically concerning the abatement of taxes on property located within a redevelopment project area created pursuant to Division 74.4 of Article 11 of the Illinois Municipal Code, and (iv) the Department certifies the ordinance amendment, then the property that is located in both the River Edge Redevelopment Zone and the redevelopment project area shall not be eligible for the abatement of taxes under Section 18‑170 of the Property Tax Code.
    No business enterprise or expansion or individual,
     however, that has constructed a new improvement or renovated or rehabilitated an existing improvement and has received an abatement on the improvement under Section 18‑170 of the Property Tax Code shall be denied any benefit previously extended within the zone pursuant to this Act or pursuant to any other Illinois law providing benefits specifically to or within River Edge Redevelopment Zones. Moreover, if the business enterprise or individual presents evidence to the municipality within 30 days after the adoption by the municipality of an amendment to the designating ordinance the sufficiency of which shall be determined by findings of the corporate authorities made within 30 days of the receipt of such evidence by the municipality, that before the date of the notice of the public hearing provided by the municipality regarding the amendment to the designating ordinance (i) the business enterprise or expansion or individual was committed to locate within the River Edge Redevelopment Zone, (ii) substantial and binding financial obligations were made towards the development of the enterprise, and (iii) those commitments were made in reasonable reliance on the benefits and programs that were applicable to the enterprise or individual by reason of River Edge Redevelopment Zone, then the enterprise or expansion or individual shall not be denied any benefit previously extended within the zone pursuant to this Act or pursuant to any other Illinois law providing benefits specifically to or within River Edge Redevelopment Zones.
    (b) This Section applies to all property located within
     both a redevelopment project area adopted under Division 74.4 of Article 11 of the Illinois Municipal Code and a River Edge Redevelopment Zone even if the redevelopment project area was adopted before the effective date of this Act.
    (c) After the effective date of this Act, if (i) a
     redevelopment project area is created by a municipality under Division 74.4 of Article 11 of the Illinois Municipal Code and (ii) the redevelopment project area contains property that is located in a River Edge Redevelopment Zone, the municipality must adopt an amendment to the certified River Edge Redevelopment Zone designating ordinance under Section 10‑5.4 specifying that property that is located in both the River Edge Redevelopment Zone and the redevelopment project area shall not be eligible for any abatement of taxes under Section 18‑170 of the Property Tax Code for new improvements or the renovation or rehabilitation of existing improvements.
    (d) In declaratory judgment actions under this Section,
     the Department and the designating municipality shall be necessary parties defendant.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑6)
    Sec. 10‑6. Powers and duties of Department.
    (a) The Department shall administer this Act and shall
     have the following powers and duties:
        (1) To monitor the implementation of this Act and
     submit reports evaluating the effectiveness of the program and setting forth any suggestions for legislation to the Governor and General Assembly by October 1 of each year preceding a regular Session of the General Assembly.
        (2) To adopt all necessary rules and regulations to
     carry out the purposes of this Act in accordance with The Illinois Administrative Procedure Act.
    (b) The Department shall provide information and
     appropriate assistance to persons desiring to locate and engage in business in a River Edge Redevelopment Zone and to persons engaged in business in a zone.
    (c) The Department shall publicize existing tax
     incentives and economic development programs within the Zone and upon request, offer technical assistance in abatement and alternative revenue source development to local units of government which have River Edge Redevelopment Zones within their jurisdiction.
    (d) In addition to the reports authorized under
     subsection (a), no later than December 31, 2009, the Department must submit a report to the General Assembly evaluating the effectiveness of this Act in stimulating economic revitalization in the pilot River Edge Redevelopment Zones authorized by this Act.
(Source: P.A. 94‑1021, eff. 7‑12‑06.)

    (65 ILCS 115/10‑8)
    Sec. 10‑8. Zone Administration.
The administration of a River Edge Redevelopment Zone shall
     be under the jurisdiction of the designating municipality. Each designating municipality shall, by ordinance, designate a Zone Administrator for the certified zones within its jurisdiction. A Zone Administrator must be an officer or employee of the municipality. The Zone Administrator shall be the liaison between the designating municipality, the Department, and any designated zone organizations within zones under his or her jurisdiction.
    A designating municipality may designate one or more
     organizations to be a designated zone organization, as defined under Section 10‑3. The municipality, may, by ordinance, delegate functions within a River Edge Redevelopment Zone to one or more designated zone organizations in such zones.
    Subject to the necessary governmental authorizations,
     designated zone organizations may, in coordination with the municipality, pr