
What conditions must exist for an area to be designated for TIF?
Illinois law includes three sets of conditions for qualifying areas as TIFs:
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blighted conditions |
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conservation conditions |
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industrial park conservation conditions |
To be designated as a blighted area:
Improved property (land that is not vacant) must contain at least 5 of 14 factors that make it detrimental to the public safety, health or welfare of the community. These factors must be present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that each factor is clearly present and reasonably distributed throughout the improved part of the area. These factors are:
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Dilapidation |
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Obsolescence |
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Deterioration |
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Illegal use of individual structures |
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Structures below minimum code standards |
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Excessive land coverage and overcrowding of structures and community facilities |
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Lack of ventilation, light or sanitary facilities |
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Inadequate utilities |
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Excessive land coverage |
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Deleterious land use or layout |
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Environmental clean-up |
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Declining equalized assessed value, and |
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Lack of community planning |
Vacant land must have at least two of the following six factors that impair sound growth of the area, using comparable standards of evidence as for improved areas:
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Obsolete platting |
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Diversity of ownership |
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Tax and special assessment delinquencies |
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Environmental contamination |
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Declining equalized assessed value |
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Deterioration of structures or site improvements on adjacent land |
In addition, there are six other types of vacant land that can be designated for TIF. They include land that was blighted before becoming vacant; unused quarries, mines, or strip mine ponds; unused rail yards, rail tracks or railroad right-of-way; chronic flooding that adversely impacts on property in the area and is caused by improvements recently constructed in the area; unused or illegal disposal sites; large areas that have been previously designated as a town center and meet other requirements.
To be designated as an industrial park conservation area:
The municipality must have had a relatively high unemployment rate and the area to be designated must be located within the municipality or within 1.5 miles of the municipal boundaries and be annexed to the municipality; be zoned industrial prior to the establishment of the TIF and contain vacant land suitable for an industrial park and a blighted or conservation area contiguous to the vacant land.
To be designated as a conservation area:
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At least 50% of the structures in the improved area must be 35 years old; and |
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Three of the 14 factors for designation of a blighted area and another factor entitled "excessive vacancies" must be present. |