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The Illinois “Real Property Tax Increment Allocation Act” sets
out specific procedures to designate a redevelopment project area as a TIF
district. By definition, a “Redevelopment Project Area” is “an area designated
by the municipality, which is not less in the aggregate than 1 ½ acres and in
respect to which the municipality has made a finding that there exist conditions
which cause the area to be classified as a blighted area or a conservation area,
or a combination of both blighted area and conservation area.”
The Act also defines a “conservation area” as any improved area within the
boundaries of a redevelopment project area located within the territorial limits
of the municipality in which 50% or more of the structures in the area have an
age of 35 years or more. Such an area is not yet a blighted area, but because of
a combination of 3 or more of the following factors may be considered as a
“conservation area”.
If improved, industrial, commercial and residential buildings or improvements
are detrimental to the public safety, health or welfare because of a combination
of five (5) or more of the following factors, each of which is present, with
that presence documented, to a meaningful extent so that a municipality may
reasonably find that the factor is clearly present within the intent of the Act
and reasonably distributed throughout the improved part of the redevelopment
project area:
(A) Dilapidation: An advanced state of disrepair or neglect of necessary repairs
to the primary structural components of building or improvements in such a
combination that a documented building condition analysis determines that major
repair is required or the defects are so serious and so extensive that the
buildings must be removed.
(B) Obsolescence: The condition or process of falling into disuse. Structures
become ill-suited for the original use.
(C) Deterioration: With respect to buildings, defects including, but not limited
to major defects in the secondary building components such as doors, windows,
porches, gutters and downspouts and fascia. With respect to surface
improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks,
off-street parking and surface storage areas evidence deterioration, including,
but limited to, surface cracking, crumbling, potholes, depressions, loose paving
material and weeds protruding through paved surfaces.
(D) Presence of Structures Below Minimum Code Standards: All structures that do
not meet the standards of zoning, subdivision, building, fire and other
governmental codes applicable to property, but not including housing and
property maintenance codes.
(E) Illegal Use of Individual Structures: The use of structures in violation of
applicable federal, State, or local laws, exclusive of those applicable to the
presence of structures below minimum code standards.
(F) Excessive Vacancies: The presence of buildings that are unoccupied or
under-utilized and that represent an adverse influence on the area because of
the frequency, extent or duration of the vacancies.
(G) Lack of Ventilation, Light, or Sanitary Facilities: The absence of adequate
ventilation for light or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke or other noxious airborne
materials. Inadequate natural light and ventilation means the absence of
skylights or windows for interior spaces or rooms and improper window sizes and
amounts by room area to window area ratios. Inadequate sanitary facilities refer
to the absence or inadequacy of garbage storage and enclosure, bathroom
facilities, hot water and kitchens and structural inadequacies preventing
ingress and egress to and from all rooms and units within a building.
(H) Inadequate Utilities: Underground and overhead utilities such as storm
sewers and storm drainage, sanitary sewers, water lines and gas, telephone and
electrical services that are shown to be inadequate. Inadequate utilities are
those that are: (i) of insufficient capacity to serve the uses in the
redevelopment project area; (ii) deteriorated, antiquated, obsolete or in
disrepair; or (iii) lacking within the redevelopment project area.
(I) Excessive Land Coverage and Overcrowding of Structures and Community
Facilities: The over-intensive use of property and the crowding of buildings and
accessory facilities onto a site. Examples of problem conditions warranting the
designation of an area as one exhibiting excessive land coverage are: (i) the
presence of buildings either improperly situated on parcels or located on
parcels of inadequate size and shape in relation to present-day standards of
development for health and safety and (ii) the presence of multiple buildings on
a single parcel. For there to be a finding of excessive land coverage, these
parcels must exhibit one or more of the following conditions: insufficient
provision for light and air within or around buildings, increased threat of
spread of fire due to the close proximity of buildings, lack of adequate or
proper access to a public right-of-way, lack of reasonably required off-street
parking or inadequate provision for loading service.
(J) Deleterious Land-Use or Layout: The existence of incompatible land-use
relationships, buildings occupied by inappropriate mixed-uses or uses considered
to be noxious, offensive or unsuitable for the surrounding area.
(K) Environmental Clean-Up: The Proposed redevelopment project area has incurred
Illinois Environmental Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study conducted by an independent
consultant recognized as having expertise in environmental remediation has
determined a need for the clean-up of hazardous waste, hazardous substances or
underground storage tanks required by State or federal law, provided that the
remediation costs constitute a material impediment to the development or
redevelopment of the redevelopment project area.
(L) Lack of Community Planning: The Proposed redevelopment project area was
developed prior to or without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption by the municipality of
a comprehensive or other community plan or that the plan was not followed at the
time of the area’s development. This factor must be documented by evidence of
adverse or incompatible land-use relationships, inadequate street layout,
improper subdivision, parcels of inadequate shape and size to meet contemporary
development standards or other evidence demonstrating an absence of effective
community planning.
(M) Declining Equalized Assessed Value: The total equalized assessed value of
the proposed redevelopment project area has declined for three (3) of the last
five (5) calendar years prior to the year in which the redevelopment project
area is designated, or is increasing at an annual rate that is less than the
balance of the municipality for three (3) of the last five (5) calendar years,
for which information is available or increasing at an annual rate that is less
than the Consumer Price Index for All Urban Consumers published by the United
States Department of Labor or successor agency for three (3) of the last five
(5) calendar years prior to the year in which the redevelopment project area is
designated.
If you have any questions about TIF or the downtown redevelopment project,
contact the Planning Division at 818-5328.
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