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The State of Illinois allows for the use of eminent domain authority to resolve incompatible land uses in the environs of Scott Air Force Base and MidAmerica St. Louis Airport pursuant to ILCS Ch. 620, Act 25, § 33. To reduce the need for the use of eminent domain and to better coordinate airport zoning and planning, a Regional Advisory Board (RAB) is established. The purpose of the RAB is to review potentially incompatible development applications within a specific geography around Scott AFB and MidAmerica St. Louis Airport and provide comment to the applicable local government receiving the application.
(A) Established. The Regional Advisory Board (RAB) is hereby authorized and established as an advisory intergovernmental body to coordinate and review land use decisions in the AO-2 District. The RAB shall be deemed to exist immediately and shall include all qualified members similarly authorizing such establishment.
(1) The RAB shall consist of one representative from each of the following five entities, appointed by local governing authorities (“participating local governments”).
(a) St. Clair County.
(b) The City of Lebanon.
(c) The City of Mascoutah.
(d) The City of O’Fallon.
(e) The Village of Shiloh.
(2) In addition, one Air Force representative and one representative of MidAmerica St. Louis Airport shall serve on the RAB as non-voting, ex-officio members.
(3) The RAB shall designate a chairperson among the five participating local government representatives to conduct meetings and coordinate with the Air Force on administrative support and the distribution of background materials. The RAB Chair shall rotate among the participating local government representatives every two years. In the event that any member fails to adopt authority for the RAB or subsequently withdraws from participation, the membership shall continue with the remaining authorized members.
(1) The RAB shall meet if the Air Force renders an opinion that a development application subject to review under § 151.082 is incompatible.
(2) The RAB may also establish and publish a regular meeting schedule. Meetings shall be public. Special meetings may be called by the Chairperson.
(1) The RAB shall adopt operating procedures for the conduct of meetings and business of the RAB.
(2) The RAB shall adhere to the provisions of these airport overlay regulations with regard to the review and approval of site development plans.
(3) The RAB shall keep a record of its transactions, findings, and determinations, which record shall be a public record.
(1) The RAB shall review development applications and present an advisory finding to the local jurisdiction responsible for approval of applications in the geographic areas designated as AO-2 District.
(2) Any time the FAA, DoD, or IDOT Division of Aeronautics, amends, deletes, or creates regulations affecting the standards set forth in these airport overlay regulations, the RAB shall review such amended, deleted, or new regulations and advise the participating local governments as to necessary or appropriate changes to these airport overlay regulations.
(3) The RAB shall act only as an advisory body.
(F) Procedures and responsibilities.
(1) Within the Airport Overlay (AO) District, the members shall consult with the Air Force on those development applications that have potential impacts on Scott AFB based on criteria established in § 151.082.
(2) The Air Force shall review these actions within a 30 calendar day period and render an advisory opinion of compatible/incompatible for those actions inside the AO-2 District. The Air Force may recommend conditions of approval to mitigate any negative impacts of those actions within the AO-1 District.
(3) The Air Force shall evaluate the compatibility of the development application based on consistency with land use guidance established in the Joint Land Use Study and Air Installation Compatible Use Zone program.
(4) If no response is rendered from the Air Force within 30 days, the local government may consider the Air Force recommendation as being compatible.
(5) If the Air Force finds an application within the AO-2 District to be incompatible, the RAB shall meet within a 30 calendar day period following an incompatible finding. The Air Force shall provide administrative support for the scheduling of the RAB meeting and the distribution of necessary background materials.
(6) The RAB shall render a recommendation, which the village shall consider.
(7) The village shall not make a final decision without a recommendation from the RAB; provided that if the RAB does not provide its recommendation within 30 days of receipt of the application, a final decision may proceed without such recommendation.