65 ILCS 5/11-74.4-5
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-74.4-5)Sec. 11-74.4-5. Public hearing; joint review board.(a) The changes made by this amendatory Act of the 91st  General Assembly do not apply to a municipality that, (i) before the  effective date of this amendatory Act of the 91st General Assembly,  has adopted an ordinance or resolution fixing a time and place for a  public hearing under this Section or (ii) before July 1, 1999, has adopted  an ordinance or resolution providing for a feasibility study under Section  11-74.4-4.1, but has not yet adopted an ordinance  approving redevelopment plans and redevelopment projects or designating  redevelopment project areas under Section 11-74.4-4, until after that  municipality adopts an ordinance  approving redevelopment plans and redevelopment projects or designating  redevelopment project areas under Section 11-74.4-4; thereafter the changes  made by this amendatory Act of the 91st General Assembly apply to the same  extent that they apply to  redevelopment plans and redevelopment projects that were approved and  redevelopment projects that were designated before the effective date of this  amendatory Act of the 91st General Assembly.Prior to the adoption of an ordinance proposing the  designation of a redevelopment project area, or approving a  redevelopment plan or redevelopment project, the municipality by its  corporate authorities, or as it may determine by any commission  designated under subsection (k) of Section 11-74.4-4 shall adopt an  ordinance or resolution fixing  a time and place for public hearing.  At least 10 days prior to the adoption of the ordinance or resolution  establishing the time  and place for the public hearing, the municipality shall make available for  public inspection a redevelopment plan or a separate report that provides in  reasonable detail the basis for the eligibility of  the redevelopment project area.  The report along with the name of a  person to  contact for further information shall be sent within a reasonable time  after the adoption of such ordinance or resolution to the  affected taxing districts  by certified mail.  On and after the effective date of this amendatory Act of the 91st General  Assembly, the municipality shall print in a newspaper of general circulation  within the municipality a notice that interested persons may register with the  municipality in order to receive information on the proposed designation of a  redevelopment project area or the approval of a redevelopment plan.  The notice  shall state the place of registration and the operating hours of that place.  The municipality shall have adopted reasonable rules to implement this  registration process under Section 11-74.4-4.2.  The municipality shall provide notice of the availability of the  redevelopment plan and eligibility report, including how to obtain this  information, by mail within a reasonable time after the adoption of the  ordinance or resolution, to all residential addresses that, after a good faith  effort, the municipality determines are located outside the proposed  redevelopment project area and within 750 feet of the  boundaries of the proposed redevelopment project area.  This requirement is  subject to the limitation that in a municipality with a population of over  100,000, if the total number of residential addresses outside the proposed  redevelopment project area and within 750 feet of the  boundaries of the proposed redevelopment project area exceeds 750, the  municipality shall be required to provide the notice to only the 750  residential addresses that, after a good faith effort, the municipality  determines are outside the proposed redevelopment project area and closest  to the boundaries of the proposed redevelopment project  area.  Notwithstanding the foregoing, notice given after August 7, 2001 (the  effective date of Public Act 92-263) and before the effective date of this  amendatory Act of the 92nd General Assembly to residential addresses within 750  feet of the boundaries of a proposed redevelopment project area shall be deemed  to have been sufficiently given in compliance with this Act if given only to  residents outside the boundaries of the proposed redevelopment project area.  The notice shall also be provided by the municipality, regardless of its  population, to those organizations and residents that have registered with the  municipality for that information in accordance with the registration  guidelines established by the municipality under Section 11-74.4-4.2.At the public hearing any  interested person or affected taxing district may file with the  municipal clerk written objections to and may be heard orally in respect  to any issues embodied in the notice.  The municipality shall hear all protests  and objections at the hearing and the hearing may  be adjourned to another date without further notice other than a motion  to be entered upon the minutes fixing the time and place of the  subsequent hearing.   At the public hearing or at any time prior to the  adoption by the municipality of an ordinance approving a redevelopment plan,  the municipality may make changes in the redevelopment plan.  Changes which (1)  add additional parcels of property to the proposed redevelopment project area,  (2) substantially affect the general land uses proposed in the redevelopment  plan, (3) substantially change the nature of or extend the life of the  redevelopment project,  or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as  measured from the time of creation of the redevelopment project area, to a total of more than  10,  shall be made only after the  municipality gives notice,  convenes a joint review board, and conducts a public hearing pursuant to the  procedures set forth in this Section and in Section 11-74.4-6 of this Act.  Changes which do not (1) add additional parcels of property to the proposed  redevelopment project area, (2) substantially affect the general land uses  proposed in the redevelopment plan, (3) substantially change the nature of  or extend the life of the redevelopment project,  or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as  measured from the time of creation of the redevelopment project area, to a total  of more than 10,  may be made without further  hearing, provided that the municipality shall give notice of any such changes  by mail to each affected taxing district and registrant on the interested  parties registry, provided for under Section 11-74.4-4.2, and by publication in  a newspaper of  general circulation within the affected taxing district.  Such notice by mail  and by publication shall each occur not later than 10 days following the  adoption by ordinance of such changes.  Hearings with regard to a redevelopment  project area, project or plan may be held simultaneously.(b) Prior to holding a public hearing to approve or amend a redevelopment  plan or to designate or add additional parcels of property to a redevelopment  project area, the municipality  shall convene a joint review board.  The board shall consist of a representative  selected by each community college district, local elementary school  district and high school district or each local community unit school  district, park district, library district, township, fire protection  district, and county that will have the authority to  directly levy taxes on the property within the proposed redevelopment  project area at the time that the proposed redevelopment project area is  approved, a representative selected by the municipality and a public  member.  The public member shall first be selected and then the board's  chairperson shall be selected by  a majority of the board members present and voting.For redevelopment project areas with  redevelopment plans or proposed  redevelopment plans that would  result in the displacement of residents from 10 or more inhabited residential  units or that include 75 or more inhabited residential units, the public member  shall be a person who resides in the redevelopment project area.  If, as  determined by the housing impact study provided for in paragraph (5) of  subsection (n) of Section 11-74.4-3, or if no housing impact study is required  then based on other reasonable data, the majority of residential units are  occupied by very low, low, or moderate income households, as defined in Section  3 of the Illinois Affordable Housing Act, the public member shall be a person  who resides in very low, low, or moderate income housing within the  redevelopment project area.  Municipalities with fewer than 15,000 residents  shall not be required to select a person who lives in very low, low, or  moderate income housing within the redevelopment project area, provided that  the redevelopment plan or project will not result in displacement of residents  from 10 or more inhabited units, and the municipality so certifies  in the plan.  If no person satisfying these requirements is available or if no  qualified person will serve as the public member, then the joint review board  is relieved of this paragraph's selection requirements for the public  member.Within 90 days of the effective date of this amendatory Act of the 91st  General Assembly, each municipality that designated a redevelopment project  area for which it was not required to convene a joint review board under this  Section shall convene a joint review board to perform the  duties specified under paragraph (e) of this Section.All board members shall be appointed and the first board meeting shall be  held at least 14 days but not more than 28 days after the  mailing of notice by the  municipality to the taxing  districts as required by Section 11-74.4-6(c).  Notwithstanding the preceding sentence, a municipality that adopted either a  public hearing resolution or a feasibility resolution between July 1, 1999 and  July 1, 2000 that called for the meeting of the joint review board within 14  days of notice of public hearing to affected taxing districts is deemed to be  in compliance with the notice, meeting, and public hearing provisions of the  Act.  Such notice  shall also advise  the taxing bodies represented on the joint review board of the time and place  of the first meeting of the board.  Additional meetings of the  board shall be held upon the call of any member.  The municipality  seeking designation of the redevelopment project area shall provide  administrative support to the board.The board shall review (i) the public record, planning documents and  proposed ordinances approving the redevelopment plan and  project and (ii) proposed amendments to the redevelopment plan or additions  of parcels of property to the redevelopment project area to be  adopted by the municipality.  As part of its deliberations, the board may  hold additional hearings on the proposal. A  board's recommendation shall be  an advisory, non-binding recommendation.  The recommendation shall be adopted  by a majority of those members present and voting.  The recommendations shall  be submitted to the municipality  within 30 days after convening of the board.  Failure of the board to  submit  its report on a timely basis shall not be cause to delay the public hearing  or any other step in the process of designating or  amending the  redevelopment project area but shall be deemed to constitute approval by the  joint review board of the matters before it.The board shall base its recommendation to approve or disapprove the  redevelopment plan and the designation of the redevelopment project area or the  amendment of the redevelopment plan or addition of parcels of property to the  redevelopment project area on the basis of the redevelopment project area and  redevelopment plan satisfying the  plan requirements, the eligibility criteria  defined in Section 11-74.4-3, and the objectives of this Act.The board shall issue a written report describing why the  redevelopment plan and project area or the amendment thereof meets or  fails to meet one or more of the objectives of this Act and both the plan  requirements and the eligibility criteria defined in Section 11-74.4-3.  In the event the Board does not file a report it shall be presumed  that these taxing bodies find the redevelopment project area and  redevelopment plan satisfy the  objectives of this Act and the plan requirements and eligibility criteria.If the board recommends rejection of the matters before it, the  municipality will have 30 days within which  to resubmit the plan or amendment.  During this period, the municipality will meet and confer with the board and  attempt to resolve those issues set forth in the board's written report that  led to the rejection of the plan or amendment.Notwithstanding the resubmission set forth above, the municipality may  commence the scheduled public hearing and either adjourn the public hearing or  continue the public hearing until a date certain.  Prior to continuing any  public hearing to a date certain, the municipality shall announce during the  public hearing the time, date, and location for the reconvening of the public  hearing.  Any changes to the redevelopment plan necessary to satisfy the issues  set forth in the joint review board report shall be the subject of a public  hearing before the hearing is adjourned if the changes would (1) substantially  affect the general land uses proposed in the redevelopment plan, (2)  substantially change the nature of or extend the life of the redevelopment  project, or (3) increase the number of inhabited residential units to be  displaced from the redevelopment project area, as  measured from the  time of creation of the redevelopment project area, to a total of  more than 10.  Changes to the redevelopment plan necessary  to  satisfy the issues set forth in the joint review board report shall not require  any further notice or convening of a joint review board meeting, except that  any changes to the redevelopment plan that would add additional parcels of  property to the proposed redevelopment project area shall be subject to the  notice, public hearing, and joint review board meeting requirements established  for such changes by subsection (a) of Section 11-74.4-5.In the event that the  municipality and the board are unable to resolve these differences, or in the  event that the resubmitted plan or amendment is rejected  by the board, the  municipality may proceed with the plan or amendment, but only upon a  three-fifths vote of the corporate authority responsible for approval of the  plan or amendment, excluding positions of members that are vacant and those  members that are ineligible to vote because of conflicts of interest.(c) After a municipality has by ordinance approved a redevelopment plan  and designated a redevelopment project area, the plan may be amended and  additional properties may be added to the redevelopment project area only as  herein provided.  Amendments which (1) add additional parcels of property to  the proposed redevelopment project area, (2) substantially affect the general  land uses proposed in the redevelopment plan, (3) substantially change the  nature of the redevelopment project, (4) increase the total estimated  redevelopment  project costs set out in the redevelopment plan by more than 5% after  adjustment for inflation from the date the plan was adopted, (5) add  additional redevelopment project costs to the itemized list of redevelopment  project costs set out in the redevelopment plan, or (6) increase the number of  inhabited residential units to be  displaced from the redevelopment  project area, as measured from the time of creation of  the  redevelopment project area, to a total of more than  10, shall be made only after  the  municipality gives notice, convenes a joint review board, and conducts a public  hearing pursuant to the procedures set forth in this Section and in Section  11-74.4-6 of this Act.  Changes which do not (1) add additional parcels of  property to the proposed redevelopment project area, (2) substantially affect  the general land uses proposed in the redevelopment plan, (3) substantially  change the nature of the redevelopment project, (4) increase the total  estimated redevelopment project cost set out in the redevelopment plan by more  than 5% after adjustment for inflation from the date the plan was adopted,  (5) add additional redevelopment project costs to the itemized list of  redevelopment project costs set out in the redevelopment plan, or (6) increase  the number of inhabited residential units to be displaced from the  redevelopment project area, as measured from the time of  creation of  the redevelopment project area, to a total of more than 10, may be made  without further public hearing  and related notices and procedures including the convening of a joint review  board as set forth in Section 11-74.4-6 of this Act, provided that the  municipality shall give notice of  any such changes by mail to each affected taxing district and registrant on the  interested parties registry, provided for under Section 11-74.4-4.2, and by  publication in  a newspaper of general circulation within the affected taxing district.  Such  notice by mail and by publication shall each occur not later than 10 days  following the adoption by ordinance of such changes.(d) After the effective date of this amendatory Act of the 91st General  Assembly, a  municipality shall submit in an electronic format the  following information for each redevelopment project area (i) to the State  Comptroller under Section 8-8-3.5 of the Illinois Municipal Code, subject to any extensions or exemptions provided at the Comptroller's discretion under that Section,  and (ii) to all taxing districts overlapping the  redevelopment project area no later than 180  days after the close of each municipal fiscal year or as soon thereafter as  the audited financial  statements become available and, in any case, shall be submitted before the  annual meeting of the Joint Review Board to each of the taxing districts that  overlap the redevelopment project area:(1) Any amendments to the redevelopment plan, the     redevelopment project area, or the State Sales Tax Boundary.(1.5) A list of the redevelopment project areas     administered by the municipality and, if applicable, the date each redevelopment project area was designated or terminated by the municipality.(2) Audited financial statements of the special tax     allocation fund once a cumulative total of $100,000 has been deposited in the fund.(3) Certification of the Chief Executive Officer of     the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year.(4) An opinion of legal counsel that the municipality     is in compliance with this Act.(5) An analysis of the special tax allocation fund     which sets forth:(A) the balance in the special tax allocation         fund at the beginning of the fiscal year;(B) all amounts deposited in the special tax         allocation fund by source;(C) an itemized list of all expenditures from the         special tax allocation fund by category of permissible redevelopment project cost; and(D) the balance in the special tax allocation         fund at the end of the fiscal year including a breakdown of that balance by source and a breakdown of that balance identifying any portion of the balance that is required, pledged, earmarked, or otherwise designated for payment of or securing of obligations and anticipated redevelopment project costs.  Any portion of such ending balance that has not been identified or is not identified as being required, pledged, earmarked, or otherwise designated for payment of or securing of obligations or anticipated redevelopment projects costs shall be designated as surplus as set forth in Section 11-74.4-7 hereof.(6) A description of all property purchased by the     municipality within the redevelopment project area including:(A) Street address.(B) Approximate size or description of property.(C) Purchase price.(D) Seller of property.(7) A statement setting forth all activities     undertaken in furtherance of the objectives of the redevelopment plan, including:(A) Any project implemented in the preceding         fiscal year.(B) A description of the redevelopment activities         undertaken.(C) A description of any agreements entered into         by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary.(D) Additional information on the use of all         funds received under this Division and steps taken by the municipality to achieve the objectives of the redevelopment plan.(E) Information regarding contracts that the         municipality's tax increment advisors or consultants have entered into with entities or persons that have received, or are receiving, payments financed by tax increment revenues produced by the same redevelopment project area.(F) Any reports submitted to the municipality by         the joint review board.(G) A review of public and, to the extent         possible, private investment actually undertaken to date after the effective date of this amendatory Act of the 91st General Assembly and estimated to be undertaken during the following year.  This review shall, on a project-by-project basis, set forth the estimated amounts of public and private investment incurred after the effective date of this amendatory Act of the 91st General Assembly and provide the ratio of private investment to public investment to the date of the report and as estimated to the completion of the redevelopment project.(8) With regard to any obligations issued by the     municipality:(A) copies of any official statements; and(B) an analysis prepared by financial advisor or         underwriter, chosen by the municipality, setting forth the: (i) nature and term of obligation; (ii) projected debt service including required reserves and debt coverage; and (iii) actual debt service.(9) For special tax allocation funds that have     experienced cumulative deposits of incremental tax revenues of $100,000 or more, a certified audit report reviewing compliance with this Act performed by an independent public accountant certified and licensed by the authority of the State of Illinois.  The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended, or the standards specified by Section 8-8-5 of the Illinois Municipal Auditing Law of the Illinois Municipal Code.  The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3.  For redevelopment plans or projects that would result in the displacement of residents from 10 or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the information, including how to obtain the report, required in this subsection shall also be sent by mail to all residents or organizations that operate in the municipality that register with the municipality for that information according to registration procedures adopted under Section 11-74.4-4.2.  All municipalities are subject to this provision.(10) A list of all intergovernmental agreements in     effect during the fiscal year to which the municipality is a party and an accounting of any moneys transferred or received by the municipality during that fiscal year pursuant to those intergovernmental agreements.In addition to information required to be reported under this Section, for Fiscal Year 2022 and each fiscal year thereafter, reporting municipalities shall also report to the Comptroller annually in a manner and format prescribed by the Comptroller: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Reporting municipalities shall also report to the Comptroller a copy of the redevelopment plan each time the redevelopment plan is enacted, amended, or extended in a manner and format prescribed by the Comptroller. These requirements shall only apply to redevelopment projects beginning in or after Fiscal Year 2022.(d-1) Prior to the effective date of this amendatory Act of the 91st  General Assembly, municipalities with populations of over 1,000,000 shall,  after  adoption of a redevelopment plan or project, make available upon request to any  taxing district in which the redevelopment project area is located the  following information:(1) Any amendments to the redevelopment plan, the     redevelopment project area, or the State Sales Tax Boundary; and(2) In connection with any redevelopment project area     for which the municipality has outstanding obligations issued to provide for redevelopment project costs pursuant to Section 11-74.4-7, audited financial statements of the special tax allocation fund.(e) The joint review board shall meet annually 180 days  after the close of the municipal fiscal year or as soon as the redevelopment  project audit for that fiscal year becomes available to review the  effectiveness and status of the redevelopment project area up to that date.(f) (Blank).(g) In the event that a municipality has held a public hearing under this  Section prior to March 14, 1994 (the effective date of Public Act 88-537), the  requirements imposed by Public Act 88-537 relating to the method of fixing the  time and place for public hearing, the materials and information required to be  made available for public inspection, and the information required to be sent  after adoption of an ordinance or resolution fixing a time and place for public  hearing shall not be applicable.(h) On and after the effective date of this amendatory Act of the 96th General Assembly, the State Comptroller must post on the State Comptroller's official website the information submitted by a municipality pursuant to subsection (d) of this Section. The information must be posted no later than 45 days after the State Comptroller receives the information from the municipality. The State Comptroller must also post a list of the municipalities not in compliance with the reporting requirements set forth in subsection (d) of this Section.(i) No later than 10 years after the corporate authorities of a municipality adopt an ordinance to establish a redevelopment project area, the municipality must compile a status report concerning the redevelopment project area. The status report must detail without limitation the following: (i) the amount of revenue generated within the redevelopment project area, (ii) any expenditures made by the municipality for the redevelopment project area including without limitation expenditures from the special tax allocation fund, (iii) the status of planned activities, goals, and objectives set forth in the redevelopment plan including details on new or planned construction within the redevelopment project area, (iv) the amount of private and public investment within the redevelopment project area, and (v) any other relevant evaluation or performance data. Within 30 days after the municipality compiles the status report, the municipality must hold at least one public hearing concerning the report. The municipality must provide 20 days' public notice of the hearing.(j) Beginning in fiscal year 2011 and in each fiscal year thereafter, a municipality must detail in its annual budget (i) the revenues generated from redevelopment project areas by source and (ii) the expenditures made by the municipality for redevelopment project areas. (Source: P.A. 102-127, eff. 7-23-21.)