Urban Infill

SustainableRedevelopmentKelli RussellKelsey Knight

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Design credit: Rose Acland, Caitlin Angel, Rachel Bockert, Riley Brady, Darcy Dodge, Nicole Dyar, Kevin Granzow

Urban Infill

SustainableRedevelopmentKelli RussellKelsey Knight

&

Design credit: Rose Acland, Caitlin Angel, Rachel Bockert, Riley Brady, Darcy Dodge, Nicole Dyar, Kevin Granzow

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INTRODUCTION

Figure 1 Many cities have experienced the phenomenon of urban sprawl throughout the past 50 years.

Many cities have experienced the phenomenon of urban sprawl throughout the past 50 years.1 As communities expand outward, land is purchased and developed to accommodate residential and commercial needs. Infrastructure is expanded to connect the growing suburbs to the city until what was once agricultural and rural landscape becomes dotted with housing developments, strip malls, and parking lots. Although development is not inherently negative, a side effect to urban sprawl is what happens back in the city center when development expands outward. Often what is left behind are abandoned and dilapidated buildings, weed-overgrown parking lots, lower property values, higher crime rates, and an overall disuse of neighborhoods all over the city.2 This creates pockets of low-revenue, low-traffic areas that do not benefit the city and its residents to a full capacity.3 To solve this problem, the process of urban infill is often utilized to combat such negative growth. The proposal herein addresses such problems within the city of Des Moines. The proposal is part of a broader sustainability project between the Greater Des Moines Partnership and Drake University Law School, in which city officials and law students targeted areas of need within the city and developed sustainable solutions balancing economic, environmental, and social concerns. This paper will examine the concept of urban infill and redevelopment with the goal of presenting a proposal for such action to the Des Moines City Council. It will discuss urban infill, why infill and redevelopment is important and how it fits into the regional STAR plans and city Tomorrow Plan, provide an analysis of the existing legal structures surrounding urban infill within the Des Moines

City ordinances and the Code of Iowa, discuss common problems with urban infill projects, and offer specific solutions based on successful implementation plans seen throughout the United States. Finally, a model ordinance is provided which incorporates all of the above ideas about sustainable infill and redevelopment.

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URBAN INFILL

What is Urban Infill?

Figure 2 Drake Neighborhood vacant lot

There are many words and phrases associated with the idea of urban infill: abandoned buildings, vacant lots, dilapidated structures, high crime rates, disuse of land, environmental contamination, and low economic value, to name a few. The negative connotations seen within these phrases can frame the issue around a simple idea: areas that are appropriate for urban infill are simply “spaces you just wish weren’t there.”4 In establishing areas for urban infill and redevelopment, often times the best test for appropriateness is the “windshield test”; that is, physically traversing the city and looking for areas that could be improved upon or are blighting the area.5 There are scattered definitions throughout existing urban infill plans that provides a focus for goals, but ultimately designation resides with the City – a freedom that allows cities to invest in areas they deem necessary, rather than areas that fit into a statutory parameter.6 Due to this subjective designation, it is also important for Des Moines to consider how infill development advances current goals and plans in place.

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CONNECTIONS

Why is urban infill important

As mentioned above, urban infill is often utilized as a means to spur development in areas of the city which are blighted or not used to the area’s full capacity. Beyond that, urban infill offers a possible solution to sprawl, which consumes agricultural land and requires extensive infrastructure growth, while necessitating increased vehicle use and discouraging sustainable methods of travel like biking and walking. Infill addresses the problem of sprawl, subsequently preserving natural resources and contributing to land conservation by increasing density in already developed urban areas and preventing new low density development outside the urban area in non-developed forested or agricultural areas (greenfields).7 Urban infill also has the potential to contribute substantially to the urban community by revitalizing depressed neighborhoods, reducing crime rates, and increasing tax revenue.8 Furthermore, by absorbing growth into already existing urban communities, urban infill relieves stress on rural areas to provide new communities, and can improve the quality of life for older communities. Infill helps achieve the goals of smart, sustainable growth: support existing communities, preserve our best agricultural and natural areas, and save taxpayers from the high cost of building infrastructure to support development that has spread far from our traditional population centers.9 Our infill development plan for the City of Des Moines was created against the backdrop of two regional plans: The nationally-implemented “STAR Plan,” of which Des Moines is a program pilot city, and the Regional/MPO “Tomorrow Plan.”10 The STAR Plan organizes sustainable actions according to broad groups and includes specific actions

within each of those groups.11 Under the category of “Climate and Energy,” an offered solution is to create resource efficient public infrastructure12. Public infrastructure includes not only buildings, but roads, sidewalks, and public transportation. Vacant lots and underutilized buildings have the benefit of being already within city limits in a developed area. Redevelopment takes advantage

of these structures already in place; there is no need—or at least only a small investment—to build roads, sidewalks, or other utilities. Compared to brand new development, having this already in place creates sustainable development by using existing resources and preventing further sprawl from new infrastructure. Another category under the STAR Plan implemented by this project is the category of “Built Environment.”13 Under this category I Spaces14. First, infill and development contributes to a built environment for similar reasons to the efficient infrastructure described above. Developing vacant lots within an already-developed area contributes by adding economy, business, or use to an area already finding those goals. Infill merely increases all of these positive goals. In regards to the second solution, public

Infill helps achieve the goals of smart, sustainable growth: support existing communities, preserve our best agricultural and natural areas, and save taxpayers from the high cost of building infrastructure to support development that has spread far from our traditional population centers.

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Figure 3 New development within Downtown Des Miones.spaces comes into place because the city has many options available when it comes to what a space can be used for after infill and development. While the typical result of infill development are structures, many times cities will use the redevelopment as an opportunity to increase green space within the city. This is particularly beneficial for individual plots where building development may not be appropriate. Although still a structure, public spaces can also include buildings with public uses, such as libraries or community centers. The benefit to redevelopment for these types of structures are inherent tax benefits, many of which will be discussed later in this paper. The Tomorrow Plan is a region-specific city development plan organized by categorical sustainable objectives.15 Urban infill and redevelopment satisfies multiple categories within the plan. First, section 1A discusses encouraging economic development.16 Urban sprawl sends business and economic growth outside the city area. By focusing this growth on areas already within neighborhoods and communities, the city is providing businesses with an already established market. This benefits the business but also the city because money will be spent within city limits. Furthermore, businesses within the city will increase tax revenue. For land that is underused or abandoned, there is likely to be little tax revenue or perhaps even delinquencies. Development therefore provides a monetary benefit to the city by way of taxes. Another applicable section is 2D, which requires the expansion of parks.17 Green space encourages residents to be outside and

active. It also decreases instances of crime. Because there is no definitive requirements for what can be done with redevelopment space, a city can designate redevelopment for green space and other public parks. Next, section 3A considers housing.18 This is of particular relevance because development of mixed use would increase commercial traffic, but also residential as well. By encouraging such residential buildings in a city area, more people are in a close proximity to other developments. This has economic and social benefits, as people will spend money in the community and neighborhoods will thrive. Lastly, section 3B discusses the goal of making walking and biking an easy choice for citizens.19 As discussed, development will encourage a denser use of land within the city. If redevelopment is of mixed use, people will be able to live, shop, and work in the same area. Close proximity will also enable people to walk and bike, and redevelopment allows the city to create infrastructure that supports these modes of transportation.

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DES MOINES LAW

Current structure of the law in Des Moines and why it is not sustainable

Figure 4 Empty Lot located at E. 14th St. in Des Moines.

URBAN REVITALIZATION PLANIn December 2011, Des Moines adopted the Second Restated Urban Revitalization Plan.20 Using Section 404.1 of the Iowa Code, Des Moines, by ordinance, designated an area of the city as a revitalization area.21 The entire City of Des Moines was established as an urban revitalization area. 22 This area enjoys continued tax abatement for residential, commercial, and industrial development.23 By this Second Restated Plan, the City extended the commercial and industrial tax abatement to all improvements to property assessed for taxation as commercial or industrial property that are located in commercially and industrially zoned districts, excluding all land within the downtown Overlay District.24

The Urban Revitalization Plan is useful in providing a way to incentivize redevelopment through a tax incentive. However, since it does not cover the entire downtown overlay, which is where many commercial developers may be interested in developing, this leaves a gap in incentivizing infill development within the city. In order to receive the tax incentive, new development must contain at least three pre-approved sustainability development standards.25 Unfortunately, the sustainability development standard is obtained, for example, with a bike rack, being within 1/4 mile of a DART transit stop, and either renovating an existing building or redeveloping a previously developed site. Des Moines does very little to incentivize, much less mandate, sustainable building practices.

ZONINGDes Moines currently has 31 zoning districts and five overlay districts.26 Most of the districts include variations on residential, commercial, and some industrial districts, as with most cities.27 These zones are the principle means by which Des Moines controls development. Generally speaking, sustainable development includes not only sustainable design in actual buildings, but influencing a sustainable way of life.28 This includes high density, mixed-use construction.29 Within the zoning ordinances, there are very few, if any, desired sustainable design requirements. Residential zoning does not allow enough flexibility or density, and requires too much front and side yards, along with height restrictions.30 Commercial and industrial zoning have many of the same issues with too much required frontage, height

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The Urban Revitalization Plan is useful in providing a way to incentive redevelopment through a tax incentive.

restrictions, and the addition of too much required parking and too many undesirable uses allowed.31 None of these qualities contribute to sustainable development. Making particular standards more flexible for infill development will allow developers to elect more sustainable building designs just as easily as they would elect current building designs.

PERMITSThe Des Moines building code has adopted the International Building Code and the International Existing building Code.32 Unfortunately, these codes ultimately ignore the topic of sustainability. This means that other avenues are needed in order to require and enforce sustainable development in Des Moines. Developers face the arduous task of securing a long list of permits when beginning new development.33 Permits can be obtained after a pre-application meeting, application and building plan and site plan submittal, building plan review, all building code reviews, and payment of fees, and that is only if developers are approved for all of the above.34 The permitting process alone could scare away potential developers. Alleviating certain permitting fees could help ease some development pains, and keep developers in the city. The permitting process also has no incentive for sustainable building. The only benefits developers enjoy by building “green” buildings, is a bump to the front of the line for application review.35 Since “green” is not defined by the city of Des Moines, developers are unsure of what will qualify. Also, regardless of its definition, “green” development is often times more costly for developers, and a slight savings in time is generally not going to be enough to encourage sustainable development. Developers can have permit fees waived by the city council if development is within the Metro Center Urban Renewal Project Area, which will receive assistance from the city, county, or state.36 The area covers most of the same area the Downtown Overlay District covers.37 This shows that Des Moines has plans in place that could be useful tools for encouraging sustainable development.

TAX INCENTIVES Beyond tax incentives provided by the Urban Revitalization Plan, Des Moines currently has a commercial tax abatement program available to

developers who are planning new construction or major improvements and renovation to buildings.38 Part of the design standards that are required include a portion for sustainability.39 It is required of developers to choose four of the following: bike racks that provide a minimum of 10% of automobile parking provided, permeable pavement for a minimum of 30% of paved area, green roof on

50% of the rooftop area, rain gardens that absorb 25% of runoff from impervious surfaces during 1 1/4” rain event, exceed applicable energy code by 15%, 50% increase in landscaping, 90% of exterior building elevations constructed from renewable materials, primary entry within 1/4 mile of a DART stop, redevelopment of a previously-developed site, or renovation of an existing building. Like the Urban Revitalization Plan design standards, these sustainability are not hard to meet with a bike rack, DART stop, and any kind of redevelopment. Des Moines needs to look to either mandate or further encourage certain types of sustainable development to move forward in making the City more sustainable.

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IOWA LAW

There are four applicable Iowa State statutes to consider when implementing an infill and urban redevelopment plan. The first was passed and effective in the summer of 2012, so it is especially important to be aware of the requirements of this law. Iowa Code Section 403.5 governs the implementation of an “Urban Renewal Plan.”40 This requires the governing body to “determine [by resolution] the area to be a slum area, blighted area, economic development area, or a combination of those areas, and designate[…] the area as appropriate for an urban renewal project.”41 Essentially, the city must officially designate any area before redevelopment can occur, and this step also requires the city to have a plan in place. As a procedural step, this is also required to receive funding from the DNR Brownfields program. Furthermore, this section lays out procedural requirements including consultations for estimated growth and impacts, public hearings, and a specific requirement that if the area in question is open land, housing be the use of land if deemed necessary by the city.42 The section also governs the amendment process to plans and prevents an area from being taken off the “blighted” list if no improvements have been done.43 Lastly, this section also authorizes open land to be acquired by eminent domain if there are issues with title, tax delinquencies, or other characteristics of the site that make it otherwise unmarketable or unpopular for investment.44 The next statute to be conscientious of is Iowa Code Section 15.292, which is the Brownfields Redevelopment Program and was effected at the same time as the section above.45 This section is the codification of the DNR Brownfields program

and outlines the legal requirements for admittance to the program.46 Although there are publications from the DNR that simplify this information, considering the actual language is vital for success. Under this section, a redevelopment program and funding is created.47 Agreements are entered into with the governing body (in this case, the DNR), and depending on initial ownership this agreement may contain a clause that titles may be transferred upon completion of the project.48 Most importantly, this section contains the information required on any assistance application through this program, including a business plan, budget for any redevelopment, a statement of purpose for the project, evidence of sponsorship or funding, and any other information deemed necessary.49 In conversations with the department in charge of this program, the major concern for accepting applications is whether a clear and concise plan for the area is in place before any funding can occur. This thought process is required if the area is designated as an Urban Redevelopment Area and a positive exercise to garner investor and community support. Lastly, this section outlines the criteria of application review and the duties of the brownfield redevelopment advisory council.50 This council is primarily concerned with whether the site is appropriate for a brownfields designation, if there are any alternative forms of assistance available, and whether to exercise approval power. Next, specific code sections regarding tax credits are of particular interest because they present and govern the main incentive behind any brownfields redevelopment program. Iowa Code Section 15.293A outlines the redevelopment tax credits available to individuals who participate

Current Structure of the law in Iowa and why it is not sustainable

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in a redevelopment program.51 Upon review of a tax credit application, the authority deciding approval will make a preliminary determination as to the amount of tax credit for which an investor will qualify, based off the plans submitted.52 Of particular significance are the amounts of tax credits available under this section, and are as follows:

There is a maximum amount of tax credits available; tax credits cannot exceed 10% of the total allowable credits available to an individual for any one fiscal year.55 Furthermore, the authority is capped at issuing tax credits up to one million dollars for one fiscal year, which implies a standard for acceptance must exist to fairly allot funds.56 Lastly, this section also includes a set timeline for completion of any project. Any project must be completed within thirty months of the project’s approval, which prevents an area from sitting undeveloped and potentially using tax credits that could have a better use on other projects.57 Time

percent of qualifying investment in a grayfield site 12%

15%

24%

30%

of qualifying investment in a grayfield site that meets the requirements of a green development

of qualifying investment in a brownfield site

of qualifying investment in a brownfield site that meets the requirements of a green development.

Figure 5 Tax credits under Iowa Code section 15.293A.

extensions are allowed, but these are still capped at no more than twelve additional months.58 Any plans by the city would have to keep these time requirements in consideration.59

Finally, the tax credit amounts listed above are divided by grayfield and brownfield development, with additional tax credits being granted if the new development meets certain “green development” standards. These standards can be found in Iowa Code Section 103A.8B.60 Under this section, developers must follow administrative rules (found in Chapter 17A of the Iowa Administrative Code) designating sustainable design and construction.61 These primarily incorporate nationally recognized ratings, certifications, and classification systems for compliance with certain green standards, such as LEED certification.62 Although our proposal for the city would not require redevelopments to attain such standards, we would include education about the benefits of doing so to incentivize investors and developers to consider such specifications.

Finally, the tax credit amounts listed above are divided by grayfield and brownfield development, with additional tax credits being granted if the new development meets certain “green development” standards.

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OTHER CITIES

What other cities have done to address

these issues

In proposing an infill ordinance for Des Moines it is critical to look at what other cities have already done. Many ideas, regardless of where cities are located, can be translated to fit the needs of Des Moines and the central Iowa region. Examining what other cities have done also provides solutions to problems that arise with urban infill and redevelopment.

INCENTIVIZING DEVELOPMENT: LAND BANKINGPhysical barriers are perhaps what discourage infill the most. Vacant or underutilized lots are often small, awkwardly shaped, and not suitable to normal development. Land banking is a possible way to combat these barriers. Fresno, California recognizes that infill sites across the cities are often small, scattered and hard to find, as well as the fact that incremental purchasing of infill lots can be very expensive. Geographic Information Systems (GIS) can identify small parcels, streamline the information exchange process for transferring City owned parcels and accelerate the entitlement and permitting process.63 They suggested that the City should consider a policy program to purchase, on a voluntary basis, and hold land in infill areas for future development to minimize developer risk associated with land assembly.64 Assembling small parcels into larger blocks of land under common ownership will greatly improve their development potential of these infill sites.65 The City will be acquiring land that has no immediate need but will be banked for a future day when market conditions are right for development.66

Maricopa County, Arizona also suggests implementing a land banking program. By assembling land or making improvements or removing encumbrances, the City believes it can improve the odds for development in an organized manner to support long-range plans.67 Land banking by the city will encourage development because assembly of land can be very costly.68

INCENTIVIZING SUSTAINABILITYPortland, Oregon’s Code reflects their commitment to sustainability in many respects, and infill development is no exception. In tackling infill development, Portland makes sure that developers design for sustainability by requiring use of durable building materials, use of energy efficient building technologies, and minimization of storm water runoff.69 In addition to actual building design standards, their code includes a host of other sustainable development standards including pedestrian friendly frontages, rear parking arrangements, courtyard-oriented housing, and minimizing impervious surface area.70 Fresno, California has adopted an infill development resolution to insure that infill development is sustainable.71 The city begins by prioritizing sustainable development, which means that developers who are willing to build

Assembling small parcels into larger blocks of land under common ownership will greatly improve the development potential of these infill sites.

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more sustainably will get first priority over other developers.72 After the initial step of prioritizing, the city sought to relax and minimize standard parking ratios, encourage parking in the rear of the buildings, modify setback requirements and height requirements to accommodate higher density development, and minimize lot widths.73 All of these standards are common features of transit oriented development, which is a good place to start when considering sustainable development. Aurora, Colorado encourages sustainable development by focusing on pedestrian-friendly development. Their infill district overlay requires a complete system of sidewalks, bicycle, and pedestrian routes connecting to all uses on the site as well as to perimeter sidewalks, adjacent properties, and neighborhoods.74 The city also states that the amount of on-site parking generally required by Code does not apply to development within the infill district.75 Like Portland and Fresno, Aurora also has design standards to insure sustainable development. These include a pedestrian-friendly environment, promotion of foot traffic, use of durable materials on the exterior of buildings, and required outdoor gathering space like parks or pedestrian streets.76 Lastly, the city not only allows renewable energy sources, but encourages energy efficiency by requiring that development in the infill district have at least one of the following: passive solar energy, renewable energy, green infrastructure, heat island effect reduction, local production of healthy food, or construction that exceeds current code requirement for energy efficiency.77 Florida, as a state, has set out to combat vacant land in urban areas. The Florida Code states that when cities implement an infill program, that program must include financial incentives for redevelopment.78 Examples of these include lower transportation impact fees which encourages use of public transit and development of pedestrian and bike modes of transportation, and prioritization of infrastructure spending within the urban infill and redevelopment area which gives sustainable development priority.79

OVERCOMING SOCIAL BARRIERSPart of Portland, Oregon’s design principles for infill development include respecting context and enhancing community character. The design principles reflect this commitment by arranging building volumes and setbacks that emulate the

Not only does the city market the available infill programs, but it markets the city’s available infill incentives in order to advocate for infill development.

current neighborhood character, considering utilization of certain architectural features and landscaping, and using site design that responds to natural features of the site and its surroundings.80 Their principles also state that while keeping current community character in mind is necessary, contribution to a desired future character may be more important in some instances.81

Mesa, Arizona’s infill ordinance states that the overlay districts formed must include requirements to ensure that future development plans will be compatible with adjacent properties and surrounding neighborhoods.82 The ordinance also states that the development may not overburden the transportation system, utility infrastructure, or community facilities, which are generally concerns of opposing citizens.83

MARKETINGWhen Sacramento, California was developing their infill strategy, they realized that an infill program is only successful if it is put to use. Not only does the city market the available infill programs, but it markets the city’s available infill incentives in order to advocate for infill development.84 The strategy calls for creation of neighborhood based pilot planning efforts and including neighborhood representatives in the process for developing flexible development standards for infill.85 They

sought to do this by sending mailings to all property owners within certain target areas to let them know of the program and invite them to participate.86

Oregon’s infill development Code handbook states that cities need to strive to work with developers to advertise and promote infill sites identified in their inventories.87 Specifically, the handbook says the city should provide inventory and assessment data over the counter or on a website, to make the data easier for developers to find.88 The State says that either active or passive marketing should be used, depending on the type of community.89 Similarly, Georgia looks to stimulate developer interest with a more active approach including

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Figure 6 Image of Highland Park

training programs and seminars, publicity campaigns, publicizing parcel inventory, and providing examples of successful infill projects.90

TRACKING AND MEASURING PROGRESSOregon suggests the preparation of site assessments and land use and development inventories.91 They also recommend the development of maps displaying underutilized land, shown during comprehensive plan updates and neighborhood studies.92 Lastly, they advise supplemental spreadsheets containing key site selection data like size, access, rail and other transport features, utilities, ownership, physical opportunities and constraints, and entitlement history like land use approvals, environmental assessments, traffic, and natural resource studies.93 Supplemental data, as stated above, could also help to influence developers to redevelop infill areas. Georgia’s infill development plan calls for periodic reevaluating of infill development programs to determine if they are encouraging infill development of the types and locations desired by the community and then to adjust the program accordingly.94

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PROPOSAL

Addressing infill issues in Des Moines requires use of current laws, as well as making critical additions and changes to the existing law. CONSIDERATION 1: IDENTIFY AND PRIORITIZEThe first step to addressing infill issues in any city is knowing exactly what the land looks like. An inventory of vacant and abandoned parcels of land throughout the city will set a new plan into motion. Geographic Information Systems (GIS) can help in the process of identifying parcels of land that should be targeted for infill redevelopment. Parcels of vacant land should be classified and geo-coded in the GIS system, along with more detailed parcel-based mapping of environmental contamination. An initial list and map should be made and updated every year. This list and map can also be made available online, so developers will know what parcels within the city are available to develop, and if they should make use of the EPA Brownfields cleanup program. After parcels of land throughout the city have been identified, it is necessary to prioritize the parcels. Creating a ranking system will serve as a guide and give direction to future infill development. Besides a ranking system, other land use decision-making mechanisms should be considered, to determine the best use for the land. Vacant parcels might be better redeveloped as green space, wetland, rain gardens in residential areas, permanent neighborhood garden space, or an area devoted to water or energy conservation.95

Land Banking has been found to be one of the most important factors in local economic development in cities that are working on infill development.96 Many cities, like Atlanta, Georgia, have set up Land bank Authorities that have been delegated the task of holding, managing, and in some cases developing tax-foreclosed properties.97 Des Moines should consider land banking in order to incentivize infill development. Along with a land bank, the city should also consider setting up a Land Bank Authority, or delegate similar duties to another entity already in place, such as the Corporation for Economic Development in Des Moines.98 Land acquisition and management through a land bank can help to acquire strategic parcels for redevelopment or conservation efforts through the foreclosure process.99 Land Bank Authorities often allow the City to effectively hold, manage, and sometimes develop a large number of parcels. An example of an ordinance creating a Land Bank Authority is provided in Appendix B. The Cook County, Illinois ordinance provides the individuals who should be considered for the board of directors, general powers of the land bank, financing of the land bank, and how the land bank can acquire property.

CONSIDERATION 2: INCENTIVIZEDes Moines and Iowa already have some tax incentives in place for new or redevelopment. These include The Urban Revitalization Plan, commercial tax incentives, and the EPA Brownfields redevelopment program, as discussed above. These incentives should be marketed to

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developers. Marketing campaigns can be as simple as making information available on a website, or as complex as holding programs and seminars for developers to attend. While tax incentives provide some cost relief to developers, Des Moines should also consider implementing some permit fee waivers. Identifying certain permit fees that could be waived, either for general infill development, or specifically for sustainable infill development would further encourage developers to reuse land within the city. Not only should Des Moines be interested in development of vacant land, but it should also be concerned with making the development sustainable. Consenting to certain flexibilities in regulatory design standards could not only encourage sustainable development, but also encourage development in general. Higher density development will provide incentives for both. Such flexibilities should apply to parking, setbacks, and height requirements. Parking maximums in the rear of buildings should be encouraged, along with allowing minimal front setbacks and zero or minimal side setbacks, and allowing height requirements to be heightened. Other green infrastructure encouragements or mandates might include use of bioswales and permeable pavement in parking lots, creation of rain gardens in residential areas, expanding green space by adding city parks, or creating gardens in the city center to alleviate food deserts.100

CONSIDERATION 3: ENFORCE

Although not a component typically found in other city redevelopment plans, having an enforcement provision is a useful tool for ensuring the program is not abused. The Iowa Code requires Urban Development Plans contain a timeline provision of thirty (30) months for completion of any project started under an incentive program for redevelopment.101 One extension is allowed if approved, not to exceed twelve (12) months.102 Having such a provision allows the city to take back any property not redeveloped within that time period, and provides developers with a guideline for any plans drafted for a proposed area. This gives the city security and enforces the purpose of an urban infill and redevelopment plan.

CONSIDERATION 4: TRACK AND MEASURE PROGRESSThe last step of a successful plan will include tracking and measuring progress. Certain metrics will allow the city to evaluate the infill program. Metrics should measure all facets of sustainability: economic, social, and environmental. Some of these metrics could include the actual number of infill projects, in comparison to the total number of lots determined to be blighted; crime rates within the city or incidents per plot of land after redevelopment as compared to before redevelopment; the number of sites that have been cleaned up using the EPA Brownfield or similar programs; and tax revenue of redeveloped sites as compared to before redevelopment. Not only should certain measurements be taken, but reassessments of the infill program should be made annually. This will allow the city to reevaluate the program and determine if it is still doing what they intended it to do. This will also allow for the city to change course with the program if their vision for the city changes.103

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CONCLUSION

Urban infill and redevelopment is an effective and efficient way for the City of Des Moines to target vacant and blighted properties to maximize existing resources and encourage redevelopment within the city center, bringing tax revenue, citizen traffic, and economic development to areas currently underused. Such goals fulfill regional plans focused on sustainability by creating resource efficient public infrastructure, creating appealing public space, and improving the cohesive blending of neighborhoods throughout the city. The current laws relative to urban infill are not as effective as they could be. The city under utilizes tools to encourage infill, and there is a lack of incentives for developing vacant and blighted areas in a sustainable, “green” way. The Iowa Code provides a blueprint for Des Moines to establish Urban Redevelopment Areas and use Federal programs to clean up real or perceived environmental contamination of spaces, thereby removing liability and encouraging development. Other cities have created sustainable plans encouraging urban infill and redevelopment encompassing principles of land banking, incentivization, neighborhood and community considerations, marketing of programs, and tracking and measuring requirements after such programs are in place. The proposal contained in this report, and presented to the Des Moines City Council, contains elements of multiple plans from around the country, and targets identification and prioritization of properties, incentives for urban infill and sustainable redevelopment, enforcement provisions, and tracking and measuring components to be evaluated upon implementation of the program. Using state law as a blueprint and building upon the foundation of

existing ordinances, the City of Des Moines has the opportunity to target vacant, tax delinquent, high-crime areas in favor of revenue-generating, efficient and effective developments within the city itself.

Figure 7 Example Urban Redevelopment

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ENDNOTES

(Endnotes)1 Anthony Downs, The Big Picture: How America’s Cities Are Growing, 16 Brookings Review 8-11, 8 (2008).

2 See Smart Growth USA, From Vacancy to Vibrancy (March 2012).

3 Id.

4 Interview with Mel Pins, Program Coordinator, Iowa Brownfields Redevelopment Program, Iowa Department of Natural Resources, in Des Moines, Iowa (Feb. 15, 2013).

5 Id.

6 Urban infill is the development and redevelopment of vacant and redevelopeable parcels of land that are served or could be served by utilities, and are surrounded by established urban area. Generally, these parcels of land have been by-passed in the normal course of urbanization. See Maricopa Association of Governments, Best Practices Paper #5: Growing Smarter Implementation Project Infill Development, available at http://www.azmag.gov/Documents/pdf/cms.resource/Infill-development49065.pdf. Urban infill is new construction on scattered vacant or underutilized lots in the established neighborhoods and business districts of a community. Georgia Department of Community Affairs, Infill Development Program, available at http://www.dca.state.ga.us/intra_nonpub/Toolkit/Guides/InfilDevtProg.pdf.

7 Virginia McConnell and Keith Wiley, Infill Development: Perspectives and Evidence from Economics and Planing, available at http://www.rff.org/rff/documents/RFF-DP-10-13.pdf; Smart growth USA, supra note 2.

8 McConnell, supra note 7; Smart Growth USA, supra note 2.

9 Maryland Department of Planning. Managing Maryland’s Growth: Models and Guidelines for Infill Development, available at http://planning.maryland.gov/pdf/ourproducts/publications/modelsguidelines/infillfinal_1.pdf; Smart Growth USA, supra note 2.

10 See STAR Communities, STAR Community Rating System (October 2012); Tomorrow Plans

11 STAR Plan, supra note 10.

12 Id. at § CE-6.

13 Id.

14 Id. at § BE-6.

15 Tomorrow Plan, supra note 10.

16 Id. at §1A.

17 Id. at § 2D.

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18 Id. at § 3A.

19 Id. at § 3B.

20 Second Restated Urban Revitalization Plan for the Citywide Urban Revitalization Area, City of Des Moines, Iowa (Dec. 5, 2011).

21 Id.

22 Id.

23 Id.

24 Id.

25 Id.

26 Des Moines City Code § 134-276.

27 Id.

28 Gaia Vince, Sustainability in the New Urban Age, British Broadcasting Company (December 2012), available at http://www.bbc.com/future/story/20121214-greening-the-concrete-jungle/1.

29 Id.

30 Des Moines City Code §§ 134-342 – 134-344.

31 Des Moines City Code §§ 134-841 – 134-845; Des Moines City Code §§ 134-1086 – 134-1090.

32 Des Moines City Code § 26-300.

33 Des Moines City Code § 26-235.

34 Des Moines Community Development Permit and Development Center, Building Plan and Site Plan Review Process, available at http://www.dmgov.org/Departments/CommunityDevelopment/PDF/PlanReviewFlowChart.pdf.

35 Permit and Development Center, City of Des Moines, www.dmgov.org/Departments/CommunityDevelopment/Pages/PermitDevelopmentCenter.aspx (last accessed Apr. 25, 2013).

36 Des Moines City Code § 26-141.

37 Id.

38 City of Des Moines Community Development, supra note 34. Tax Abatement Programs, City of Des Moines, http://www.dmgov.org/Departments/CommunityDevelopment/Pages/TaxAbatementPrograms.aspx (last accessed Apr. 8, 2013).

39 Id.

40 Iowa Code § 403.5 (2013).

41 Id.

18

42 Id.

43 Id.

44 Id.

45 Iowa Code § 15.292 (2013).

46 Id.

47 Id.

48 Id.

49 Id.

50 Id.

51 Iowa Code § 15.293A (2013).

52 Id.

53 Id.

54 Id.

55 Id.

56 Id.

57 Id.

58 Id.

59 Id.

60 Iowa Code § 103A.8B (2013). Id.

61 Id.

62 Id.; See also Iowa Admin. Code r. 261–25.2 (2011).

63 City of Fresno, Infill Development Act (Oct. 26, 2012), available at www.fresno.gov/CouncilDocs/agenda11.1.2012/3a.pdf.

64 Id.

65 Id.

66 Id.

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67 Maricopa (Ariz.) Association of Governments, Best Practices Paper #5: Growing Smarter Implementation Project Infill Development, available at http://www.azmag.gov/Documents/pdf/cms.resource/Infill-development49065.pdf.

68 Id.

69 City of Portland, Ore. Bureau of Planning, Infill Design Code Amendments Recommended Draft, available at https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/9728/Portland_Infill_Code_Amendments_2005.pdf?sequence=1.

70 Id.

71 City of Fresno, supra note lxiii.

72 Id.

73 Id.

74 Aurora City Code, Ordinance No. 2012-__.

75 Id.

76 Id.

77 Id.

78 Fla. Stat. §163.2517(3)(j) (2013).

79 Id.

80 City of Portland, supra note 69.

81 Id.

82 Mesa Zoning Ordinance 11-12-5(H)(3).

83 Id.

84 City of Sacramento, Infill Strategy. http://www.cityofsacramento.org/dsd/planning/division-infill/documents/infill-strategy.pdf.

85 Id.

86 Id.

87 Oregon Transportation and Growth Management Program, The Infill and Redevelopment Code Handbook, available at http://www.oregon.gov/LCD/docs/publications/infilldevcode.pdf.

88 Id.

89 Id.

90 Georgia Department of Community Affairs, Infill Development Program, available at http://www.dca.state.ga.us/intra_nonpub/Toolkit/Guides/InfilDevtProg.pdf.

91 Oregon Transportation and Growth Management Program, supra note 87.

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92 Id.

93 Id.

94 Georgia Department of Community Affairs, Infill Development Program, available at http://www.dca.state.ga.us/intra_nonpub/Toolkit/Guides/InfilDevtProg.pdf.

95 See Cleveland Land lab, Re-Imagine a More Sustainable Cleveland (Nov. 2008), available at http://www.reconnectingamerica.org/assets/Uploads/20090303ReImaginingMoreSustainableCleveland.pdf.

96 Municipal Research and Services Center of Washington, Infill Development Strategies for Shaping Livable Neighborhoods (1997), available at http://www.mrsc.org/publications/textfill.aspx.

97 Fulton County/ City of Atlanta Land Bank Authority, http://www.fccalandbank.org (last accessed Apr. 25, 2013).

98 For an example of land banking, see City of Fresno, supra note lxiii.

99 Cleveland Land lab, supra note 95.

100 Id.

101 Iowa Code § 15.293A(8) (2013).

102 Id.

103 See Georgia Department of Community Affairs, supra note 94.

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APPENDIX A

(a) Purpose (1) It is the general intent of this Ordinance to:

a. Accommodate growth in Des Moines by encouraging and facilitating development on vacant, blighted, and underutilized land within areas that are surrounded by existing development.

b. Encourage efficient use of land and public services in the context of existing communities.

c. Stimulate economic investment and development in older established communities.

d. Provide developers and property owners flexibility so that they can achieve high quality design and develop infill projects that strengthen existing communities.

e. Create a high quality community environment that is enhanced by a balanced compact mix of residential, commercial, recreational, open space, employment and institutional uses and building types.

f. Implement the goals, objectives, and policies of the comprehensive plan.

g. Encourage sustainable, compact, and flexible development that is pedestrian-scaled and, if applicable, tran-sit-oriented.

(b) Definitions

(1) Infill: The development of vacant, abandoned, passed over or underutilized land within built-up areas of existing communities, where infrastructure is already in place.

(2) Compatibility: Provision of exemplary site design, architectural design, and high quality materials that are compati-ble with, and does not negatively alter the character of, the existing neighborhood.

(3) Redevelopment: construction in previously developed areas which may include the demolition of existing structures, or the substantial renovation of existing structure, often changing form and function. OR The re-use of previously used, non-agricultural land.

(c) Land Acquisition and Management

(1) Create an inventory. The City shall create a parcel inventory and map, to be made available to developers, using Geo-graphic Information Systems. Such inventory and map are to be updated on an annual basis. Data collected may include, but is not limited to:

a. Vacant or underutilized or foreclosed parcels of land within the City;

b. Environmental contamination of said parcels, if applicable;

Model Infill Ordinance

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c. Public utilities that currently serve said parcels; and

d. Current zoning of said parcels.

(2) Create a ranking system. Upon completion of parcel inventory, the City shall create a ranking system in order to provide direction in redeveloping parcels of land. Common ranking systems include a 1 to 10 scale, with 1 being high pri-ority parcels and 10 being low priority parcels for need of improvement or redevelopment. However, the City may choose any ranking system that will adequately provide direction for redevelopment.

(3) Create a Land Banking Authority and Des Moines Land Bank.

a. A Land Bank Authority shall be created for the City of Des Moines. The Land Bank Authority shall be gener-ally responsible for, but not limited to, the following:

i. Acquiring property to be held in the Land Bank;

ii. Holding property placed in the Land Bank;

iii. Managing property in the Land Bank; and

iv. Developing property in the Land Bank, when necessary.

(d) Land Use

(1) Create a land use decision making mechanism. The City shall create a land use decision making mechanism in order to decide the best use for inventoried land. Such decision making mechanism may include, but is not limited to:

a. Surrounding development uses;

b. Size of the parcel;

c. Number of other vacant parcels surrounding the parcel in question;

d. Location of the parcel;

e. Need for commercial development versus open space development; and

f. The presence of a food desert.

(2) Allow for diverse use of land. The City shall allow for a diverse use of vacant parcels. Such diverse uses shall include, but not be limited to:

a. Mixed use development;

b. Green Space;

c. Community gardens; and

d. Resource Conservation.

(e) Sustainable Infrastructure

(1) Development Standards. In order to incentivize sustainable development, development standards in redevelopment areas shall provide flexibility to adjust density, lot area, lot width, side yard, setbacks, height requirements, and parking for infill development.

a. Density. Density may exceed the underlying zone by [number of people] per acre or, alternatively, by [per-cent] per acre for the purpose of creating higher density infill development.

b. Building Height. Buildings restricted to a certain number of stories due to their zoning classification will be

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allowed one extra story for the purpose of making small parcels of land more desirable for developers to infill. The City may allow more than one extra story upon request by a developer if they determine such an increase is in the best interest of the redevelopment and the City.

c. Building Setbacks. Setback requirements for buildings on infill parcels shall be modified for the purpose of accommodating higher density development. The City shall do this in the following manner:

i. Modify front setbacks to conform to existing building lines;

ii. Establish limitations to prevent being set back too far; and

iii. Reduce side setbacks to as far as zero lot lines.

d. Parking. The City shall allow parking flexibility for the purpose of encouraging pedestrian travel, to alleviate storm water runoff, and to minimize the amount of land being used for parking. They shall do this by applying the following standards to infill development:

i. Parking maximums, or relaxed parking ratios;

ii. Shared parking;

iii. Use of permeable paving;

iv. Allowing parking in the rear of buildings.

e. Energy and Water Use. The City shall encourage and, on a case by case basis, review developer proposals to implement renewable energy sources and water conservation methods. This may include, but is not limited to, allowing implementation of:

i. Bioswales;

ii. Rain gardens;

iii. Solar energy;

iv. Wind energy; and

v. Other forms of renewable energy.

(f) Compatibility Standards

(1) All infill development shall be compatible with surrounding development. The City shall develop compatibility stan-dards to be followed. Such compatibility may include, but are not limited to:

a. Building orientation;

b. Privacy;

c. Architectural design;

d. Quality of building materials; and

e. General character of existing neighborhoods.

(g) Citizen Participation Plan

(1) For the purpose of addressing citizen concerns and gaining potential input pertaining to infill development, the City shall create a Citizen Participation Plan. Such Participation Plan may include, but is not limited to:

a. How to determine interested parties;

b. Which interested parties may be affected by a particular infill project;

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c. How interested parties will be notified of particular infill projects that may affect them; and

d. How to gain input, including concerns, of interested parties;

(h) Incentivizations and Marketing

(1) Current Incentives. Various incentivizations shall be offered to infill developers. These incentivizations include the following current tax abatements available for the City of Des Moines:

a. Tax abatements relating to the Urban Revitalization Plan;

b. General commercial tax abatements;

c. General residential tax abatements;

d. EPA Brownfields cleanup program offered by the Iowa DNR.

(2) Urban Revitalization Plan. The City of Des Moines shall consider revising the current Urban Revitalization Plan to include the downtown overlay district, for the purpose of allowing tax incentives from the Plan to attach to development within the city center.

(3) New Incentives. The City shall work to provide other incentives to infill developers for the purpose of alleviating typical development fees in order to encourage development of infill parcels. These incentives may include, but are not limited to:

a. Permit fee waivers;

b. Permit fee reductions; and

c. Local delinquent tax waivers.

(3) Sustainability Incentives. The City shall, for the purpose of incentivizing sustainable development, encourage such development by offering certain incentives to infill developers. Incentives may be offered for, but are not limited to:

a. Implementation and use of renewable energy;

b. Water conservation efforts;

c. Sustainable building materials, including permeable paving;

d. Construction that encourages pedestrian modes of transit; and

e. Mixed-use development.

(4) Marketing. The City shall market the above incentives to potential developers. The City shall do this however it chooses, and may use, but is not limited to, the following:

a. Making parcel inventory and assessment data available online;

b. Providing and publicizing examples of successful infill projects;

c. Holding seminars for developers to learn more about incentives offered for infill redevelopment; and

d. Sending mailings to property owners within certain target areas near infill parcels.

(i) Enforcement

(1) Time for Completion. For the purpose of ensuring that infill redevelopment occurs in a timely manner, the City shall enforce any infill redevelopment to be completed within thirty (30) months, per Iowa Code Section [15.293(8)].

(2) Extension. A single extension of up to twelve (12) months may be allowed, if approved by the City.

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(3) Take Back. If the above two requirements are not met, the City shall take back the land in question.

(j) Tracking and Measuring

(1) Metrics. The City of Des Moines shall track and measure progress of infill redevelopment. Metrics that should be considered may include, but are not limited to:

a. Number of infill projects completed;

b. Crime rates or incidents;

c. Number of complaints about infilled parcels;

d. Number of sites cleaned up using the EPA Brownfields Program; and

e. Tax revenue.

(2) Periodic Evaluation. The City shall track and measure progress on no less than an annual basis. Annual evaluation shall include updating parcel inventory and reevaluation of the program, in order to ensure infill development taking place is of the type desired by the community. If the City deems a change is necessary after reevaluation, such changes to adjust the program shall be made accordingly.

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APPENDIX B

1

Submitting a Proposed Ordinance sponsored by TONI PRECKWINKLE, President, Cook County Board of Commissioners and BRIDGET GAINER, County Commissioner

ORDINANCE CREATING THE COOK COUNTY LAND BANK AUTHORITY

BE IT ORDAINED, by the Cook County Board of Commissioners that Part II, Land Development Ordinances, Chapter 103, Land Bank Authority, Section 103-1 through 103-71 of the Cook County Code are hereby enacted as follows:

Division 1. General Provisions

Sec. 103-1. Short title.

This Ordinance shall be known and may be cited as the "Ordinance Establishing the Cook County Land Bank Authority."

Sec. 103-2. Declaration.

The County Board hereby establishes the Cook County Land Bank Authority which shall be an agency of and funded by Cook County.

Sec. 103-3. Definitions.

The following words and terms shall have the meanings set forth in this section, except where otherwise specifically indicated:

Board of Commissioners or County Board means the Board of Commissioners for Cook

County, Illinois. Board of Directors means the Board of Directors of the Cook County Land Bank. Chairperson means the chairperson of the Cook County Land Bank Board.

County means Cook County, Illinois. Cook County Code means the Code of Ordinances of Cook County, Illinois.

Director means the Executive Director of the Cook County Land Bank.

Fiscal Year means the fiscal year of the Land Bank, which shall begin on December 1st of

each year and end on the following November 30th .

Land Bank means the Cook County Land Bank Authority, created by this Ordinance pursuant to the County’s home rule powers.

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2

Member means a member of the Board of Directors. Ordinance means this ordinance creating the Cook County Land Bank. Person means any individual, corporation, limited liability corporation, organization,

government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.

President means the President of the Cook County Board of Commissioners. Real Property means all land and the buildings thereon, all things permanently attached

to land or to the buildings thereon, and any interest existing in, issuing out of, or dependent upon land or the buildings thereon.

State means the State of Illinois.

Sec. 103-4. Purpose.

The purpose of this Ordinance is to create the Cook County Land Bank Authority that will use available resources to facilitate the return of vacant, abandoned and tax-delinquent properties to productive use thereby combating community deterioration, creating economic growth and stabilizing the housing and job market.

The Land Bank will acquire, hold, and transfer interest in real property throughout Cook

County as approved by the Board of Directors for the following purposes: to promote redevelopment and reuse of vacant, abandoned, and tax-delinquent properties; support targeted efforts to stabilize neighborhoods; stimulate residential, commercial and industrial development; all in ways that are consistent with goals and priorities established by this Ordinance, local government partners and other community stakeholders. Sec. 103-5. Creation and Legal Status of Land Bank.

The County Board hereby establishes the Cook County Land Bank Authority which shall be an agency of and funded by Cook County. All personnel, facilities, equipment and supplies within the Land Bank shall be governed by a Board of Directors as provided herein. The Board of Directors shall be accountable to the President and the County Board; the Land Bank shall be funded by the County Board.

Sec. 103-6. Principal Office.

The principal office of the Land Bank shall be at a location within the geographical boundaries of Cook County, as determined by the Board of Directors.

Sec. 103-7. Title to Land Bank Assets.

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3

Except as otherwise provided in this Ordinance, Cook County shall hold title to all Real

Property controlled by the Land Bank.

Sec. 103-8. Tax-exempt Status.

The County declares that the activities of the Land Bank are governmental functions carried out by an instrumentality or political subdivision of the State as described in Section 115 of Title 26 of the United States Internal Revenue Code, or any corresponding provisions of any future tax code. The County also intends the activities of the Land Bank to be governmental functions carried out by a political subdivision of this State, exempt to the extent provided under Illinois law from taxation by this State, including, but not limited to, ad valorem property tax exemption pursuant to the Property Tax Code, 35 ILCS 200/1-1 et seq. Sec. 103-9. Waiver of Special Assessments. Upon the request of the Land Bank and for the purposes of fostering the goals and objectives of the Land Bank, the County, as permitted by law, may extinguish special assessments levied by it prior to the date of acquisition by the Land Bank against Real Property controlled by the Land Bank, and may seek to exempt Real Property controlled by the Land Bank from the imposition of special assessments. Sec. 103-10. Compliance with Law.

The Land Bank shall comply with all applicable federal and state laws, rules, regulations, and orders. Sec. 103-11. No Third-Party Beneficiaries.

Except as otherwise specifically provided, this Ordinance does not create in any Person, other than the County, and is not intended to create by implication or otherwise, any direct or indirect benefit, obligation, duty, promise, right to be indemnified (such as contractually, legally, equitably, or by implication), right to be subrogated to the County’s rights under this Ordinance, or any other right or benefit.

Sec. 103-12 – 103-16 Reserved. Division 2. Land Bank Authority Board of Directors and Staff Sec. 103-17. Cook County Land Bank Board of Directors

The Land Bank shall be governed by a Board of Directors that shall be appointed by the President, subject to approval by the Cook County Board of Commissioners, within 45 (forty-five) days of the adoption of this Ordinance. Board of Directors shall be residents of Cook County. The Board of Directors shall consist of 13 (thirteen) members.

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4

Sec. 103-18. Appointment of Members

Candidates for the Board of Directors appointed by the President shall be selected from the following categories.

(a) One (1) Cook County Commissioner to serve as an Ex-Officio Member with voting rights. The Ex-Officio Member shall serve as a liaison between the County Board and the Board of Directors; (b) Two (2) Suburban Cook County Mayors, Presidents or Village Managers; (c) One (1) representative from the City of Chicago as recommended by the Mayor of the City of Chicago; (d) One (1) representative from the Cook County Bureau of Economic Development; (e) One (1) representative from a community development finance institution; (f) One (1) representative from the banking community; (g) One (1) representative from a local or state Realtor Association; (h) One (1) representative from the non-profit development community; (i) One (1) representative from the commercial/industrial development community; (j) One (1) representative from the open space community; (k) One (1) representative from a City of Chicago community organization; (l) One (1) representative from a Suburban Cook County community organization.

Sec. 103-19 Term of Office. Except as otherwise provided in this section, the members of the Board of Directors appointed under Section 103-12 shall be appointed for a term of three (3) years.

(a) Ex-Officio Member. The ex-officio member shall be the appointed Cook County Commissioner who shall serve as the ex-officio member for the length of the Commissioner’s term.

(b) The remaining Members. The remaining twelve (12) members of the Board of

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5

Directors shall serve terms as follows:

1. For the initial Members,

a. Three (3) of the Members, subject to the approval of the County Board, shall serve a term that expires on January, 1, 2014.

b. Three (3) of the Members, subject to the approval of the County Board, shall serve a term that expires on January, 1, 2015.

c. Three (3) of the Members, subject to the approval of the County

Board, shall serve a term that expires on January, 1, 2016.

d. Three (3) of the Members, subject to the approval of the County Board, shall serve a term that expires on January 1, 2017.

2. Thereafter, the Members other than the ex-officio member appointed shall

serve a term of three (3) years.

a. Each Member, whether initial or subsequent, shall serve until a successor is appointed.

b. Any Member who is appointed to fill a vacancy, other than

a vacancy caused by the expiration of the predecessor's term, shall serve until the expiration of his or her predecessor's term.

3. Other than the Ex-Officio Commissioner, a Member may not serve more

than two (2) consecutive full terms.

Sec. 103-20. Chairperson/Members of the Board of Directors.

(a) The Board of Directors shall select the initial Chairperson of the Board from among the initial members. The Chairperson shall serve one two (2) year term as Chairperson and, thereafter, the Board of Directors shall annually elect a Chairperson from among the members.

1. The Chairperson shall preside at meetings of the Board of Directors, and is entitled to vote on all matters before the Board of Directors.

2. A Member may be elected to serve successive terms as Chairperson.

(b) The Board of Directors may appoint from its Members, a Member to serve as the Land Bank secretary and appoint such additional officers from its Members as it may deem appropriate.

Sec. 103-21. Removal.

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6

A Member may be removed by the President of the Cook County Board prior to the

expiration of the Member’s term of appointment for good cause. Good cause includes inefficiency, neglect of duty, malfeasance, or any cause which renders the member unfit for the position or unable to perform the duties of the position. The President shall provide written notice to that Member, the Director and the County Board of the removal of that Member from the Board of Directors; such notice shall state the specific grounds which constitute cause for removal. The Member, in receipt of such notice, may request to appear before the County Board and present reasons in support of his or her retention. Thereafter, the County Board shall vote upon whether there are sufficient grounds to remove that Member from office. The President shall notify the Member of the final action of the County Board. Sec. 103-22. Vacancies. Any vacancy on the Board of Directors caused by death, resignation, disqualification, or removal shall be filled by the President as soon as practicable, but not to exceed 60 days following the occurrence of the vacancy. The vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Expired terms shall be filled by the President within 60 days of the term’s expiration in the same manner as the original appointment. Sec. 103-23. Meetings.

The Board of Directors shall conduct its first meeting no later than sixty (60) days after the appointment of the Board of Directors. The place, date, and time of the Land Bank meetings shall be determined at the discretion of the Board of Directors. All meetings of the Board of Directors shall comply with the Illinois Open Meetings Act, 5 ILCS 120/1 et seq. (the “OMA”).

Sec. 103-24. Bylaws, and Policies and Procedures.

The Board of Directors shall adopt bylaws, procedures and policies consistent with the provisions of this Ordinance within 120 days from the first meeting of the Board of Directors. Sec. 103-25. Quorum and Voting.

A quorum shall be necessary for the transaction of any business by the Board of Directors. A majority of the Members of the Board of Directors shall constitute a quorum. The Board of Directors shall act by a majority vote of the Members at a meeting at which a quorum is present, except as otherwise provided in this Ordinance. Presence for both quorum and voting at a Land Bank shall be articulated by the Board of Directors in its bylaws or procedures in a manner consistent with the OMA.

Sec. 103-26. Records of Meetings.

Minutes of all meetings of the Board of Directors and its Committees shall be made and maintained as required by the OMA.

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7

Sec. 103-27. Board of Directors Responsibilities. The Board of Directors shall:

(a) ensure that all personnel matters are conducted free from any political interference and in accordance with the provisions of the Supplemental Relief Order and Consent Decree established in the federal civil litigation filed in the Northern District of Illinois under Case No. 69 C 2145 and titled Shakman, et al. v. Democratic Organization, et al. and all applicable laws;

(b) ensure that all operations including contractual matters are conducted free from any political interference; and

(c) ensure efficiency in service delivery and sound fiscal management of all aspects of

the Land Bank including the collection of all revenues from all sources; Sec. 103-28. Board of Directors Actions.

The Board of Directors shall do all of the following not inconsistent with Illinois law:

(a) adopt, amend and/or repeal rules and policies and procedures governing the Board of Directors and its actions and meetings, and adopt, amend and/or repeal policies and procedures to implement day-to-day operation of the Land Bank, including policies governing any staff of the Land Bank;

(b) elect additional officers, including, but not limited to, initial officers who shall be elected at the first meeting of the Board of Directors, in accordance with the bylaws;

(c) provide for a system of accounting;

(d) adopt or amend the Land Bank’s budget to submit annually to the Cook County Board of Commissioners for approval and adoption in a time frame mandated by the Cook County Budget Director;

(e) adopt, amend and/or repeal policies and procedures for contracting and procurement which must be consistent with the provisions set forth in the County’s Code; provided however, that approval of the County Board or County Procurement Officer is not required for procurement or contracts authorized by the Land Bank and the Board of Directors will act in place of the County Board in any contract, bylaws or agreement with the County which requires the approval or other action of the County Board unless expressly prohibited otherwise in this chapter and until such time as the Board of Directors adopts its own rules, regulations or procedures with regard to procurement and contracts, the existing provisions of the Cook County Code pertaining to Procurement and Contracts shall apply.

(f) commission, collect, and receive data from public, private, professional and volunteer

33

8

sources to compile an inventory an analysis of desirable properties for acquisition;

(g) establish banking arrangements for the Land Bank as per Sec. 103-58 of this Ordinance.

(h) organize and reorganize the executive, administrative, clerical and other departments of the Land Bank and fix the duties, powers and compensation of all employees, agents and consultants of the Land Bank as per Sec 104-32 of this Ordinance

Sec. 103-29. Fiduciary Duty.

The Members of the Board of Directors are under a fiduciary duty to conduct the activities and affairs of the Land Bank in the best interests of the residents of Cook County, including the safekeeping and use of all Land Bank monies and assets. The members of the Board of Directors shall discharge their duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances. Sec. 103-30. Compensation.

The Members of the Board of Directors shall receive no compensation for the performance of their duties. A Member may engage in private or public employment, or in a profession or business, except to the extent prohibited by Illinois law or County ordinance. The Land Bank may reimburse members of the Board of Directors for actual and necessary expenses incurred in the discharge of their official duties as provided by the Board of Directors. Sec. 103-31. Executive Director.

The Board of Directors shall be authorized to retain the professional services of an individual to perform the duties of an Executive Director on a contractual basis with the advice and consent of the President; the Executive Director shall not be an employee of the Land Bank or County. The Director shall administer the Land Bank in accordance with the operating budget approved by the Cook County Board of Commissioners, general policy guidelines established by the Board of Directors, other applicable governmental procedures and policies, and this Ordinance. The Director shall be responsible for the day-to-day operations of the Land Bank, the control, management, and oversight of the Land Bank’s functions, and supervision of all Land Bank contractual agreements. All terms and conditions of the Director’s service shall be specified in a written contract between the Director and the Board of Directors. The Director may be removed by the President of the Cook County Board or the Board of Directors for good cause, prior to the expiration of the Director’s contract. Good cause includes inefficiency, neglect of duty, malfeasance, or any cause which renders the Director unfit or unable to perform the scope of work. The Board of Directors may delegate to the Director any powers or duties it considers proper, under such terms, conditions and to the extent that the Board of Directors may specify. Sec. 103-32. Staffing Services

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9

(a) The Board of Directors may approve contracts for staffing as requested by the Executive Director that are deemed necessary to carry out the duties and responsibilities of the Land Bank and in accordance with the policies and procedures established by the Board. Such staff shall be retained pursuant to contracts entered into in accordance with the procurement rules established by the Board.

(b) Should the Board of Directors, elect to have employees, any staff employed by the

Board of Directors for the Land Bank not otherwise retained through the Board of Directors procurement rules shall be recruited or employed via the County’s employment plan and be deemed County employees.

Sec. 103-33. Ethics.

The Board of Directors shall be subject to the Cook County’s ethics ordinance. Sec. 103-34. Indemnification.

(a) The County shall defend and indemnify the Land Bank and the Members Board of Directors with respect to all claims or judgments arising out of their activities as Members with respect to all negligence claims, and claims or judgments arising out of Land Bank activities performed on behalf of the County. (b) The County shall not be obligated to indemnify the Land Bank or Member for:

(1) Punitive damages or liability arising out of conduct which is based upon willful or wanton conduct.

(2) Conduct which is outside of the scope of the Land Bank authority.

(3) Any settlement or judgment in which the County did not participate.

(4) The defense of any criminal or disciplinary proceeding.

(c) To be eligible for defense and indemnification, the Land Bank or Member shall be obligated to:

(1) Notify, within five days of receipt, the Cook County Department of Risk Management and the Civil Actions Bureau of the Cook County State's Attorney's Office of any claim made against the Member or Land Bank and deliver all written demands, complaints and other legal papers, received by the practitioner with respect to such claim to the Department of Risk Management.

(2) Cooperate with the State's Attorney's Office in the investigation and defense of any claim against the County or any Member, including, but not limited to,

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10

preparing for and attending depositions, hearings and trials and otherwise assisting in securing and giving evidence.

(3) Promptly notify the Cook County Department of Risk Management and the Civil Actions Bureau of the Cook County State's Attorney's Office of any change in the Member’s address or telephone number.

(d) All actions shall be defended [by] the Cook County State's Attorney. Decisions to settle indemnified claims shall be made by the County or the State's Attorney's Office, as delegated by the County, and shall not require the consent of the indemnified Member. If a Member declines representation by the State's Attorney's Office, the County shall have no obligation to defend or indemnify the Member.

Sec. 103-35 – 103-40 Reserved Division 3. General Powers of Land Bank Sec. 103-41. General Powers.

The County, to the full extent of its constitutional and statutory authority, confers upon the Land Bank the authority to do all things necessary or convenient to implement the purposes, objectives, and provisions of this Ordinance, or the purposes, objectives, and powers granted to the Land Bank by any federal, state or local government unit, consistent with the County’s Annual Appropriation Ordinance, including, but not limited to, the following:

(a) to adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct

of its business;

(b) to acquire by purchase, donation, or other transfers and to hold, lease, manage, and dispose of Real Property of every kind and character, or any interest therein, in furtherance of the public purposes of the Land Bank;

(c) to discharge and extinguish Real Property taxes owed to the County or to a Party, pursuant to an Agreement with such Party, that encumber Real Property owned by the County through the Land Bank, as permitted by the Property Tax Code, 35 ILCS 200/1-1 et seq., or other applicable law;

(d) to pay any tax or special assessment due on Real Property acquired or owned by the Land Bank;

(e) to acquire, accept, or retain equitable interests, security interests, or other interests in any Real Property or other fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the Land Bank;

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(f) borrow money from private lenders, from cities or counties, from the state or from federal government funds, subject to the approval of the County Board, to further or carry out the Land Bank’s public purpose by executing leases, trust indentures, trust agreements, agreements for the sale notes, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the Land Bank, to evidence and to provide security for such borrowing. (f) to make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, gifts, guarantees, labor, or other aid or financial assistance in furtherance of the Land Bank’s public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (g) to enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the Land Bank; (h) to extend credit or make loans to any Person subject to limitations established by the County Board, for the costs of any Land Bank projects or any part of the costs of any Land Bank projects which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the Land Bank shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted by the County through this Ordinance in connection with any Land Bank projects, the Land Bank shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements, including but not limited to: guarantee any obligations, insurance, construction, use, operation, maintenance, and financing and such other terms and conditions, as the Land Bank may deem necessary or desirable; (i) as security for repayment of any note, or other obligations of the Land Bank, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the Land Bank, including, but not limited to, Real Property, fixtures, and revenues or other funds, and to execute any lease, trust indenture, trust agreement, agreement for the sale of the Land Bank’s notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the Land Bank, to secure any such notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any Real Property of the Land Bank upon default in any obligation of the Land Bank, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument;

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(j) to receive and administer gifts, grants, and bequests of money and Real Property consistent with the purpose of the Land Bank; (k) to use any Real Property or fixtures or any interest therein or to rent, license or lease such Real Property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such Real Property in any manner as it deems to be in the best interests of the Land Bank and the public purpose thereof; (l) to procure insurance or guarantees from the State Legislature or federal government of the payments of any debts or parts thereof incurred by the Land Bank, and to pay premiums in connection therewith;

(m) to procure, if required, insurance against losses in connection with the Real Property, assets, or activities of the Land Bank; (n) to enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, an Agreement with a Party for the joint exercise of powers. An Agreement with a Party may include contracts for the performance of services by a Party on behalf of the Land Bank or by the Land Bank on behalf of a Party; (o) to enter into partnerships, joint ventures, and other collaborative relationships with municipalities and other public and private entities for the ownership, management, development, and disposition of Real Property; (p) to enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, agreements with a Party regarding the disposition of Land Bank properties located within their boundaries;

(q) to finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage Real Property or rights or interests in Real Property, and to pay the costs of any such project from the proceeds of revenue bonds, loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the Land Bank is authorized to receive, accept, and use; (r) to fix, charge, and collect rents, fees, licenses and charges for the use of Real

Property of the Land Bank and for services provided by the Land Bank; (s) to grant or acquire a license, easement, lease (as lessor or lessee), or option with respect to Real Property of the Land Bank; (t) to enter into contracts with nonprofit community land trusts, including, but not

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limited to, long-term lease contracts; (u) to contract for goods and services and engage personnel as necessary, to be paid from the funds of the Land Bank. The Board shall determine the qualifications, duties, and compensation of those it contracts with and employs;

(v) to organize and reorganize the executive, administrative, clerical, and other departments of the Land Bank and to fix the duties, powers, and compensation of all employees, agents, and consultants of the Land Bank;

(w) to remediate environmental contamination on any Real Property held by the Land Bank;

(x) to acquire, hold and manage property pursuant to this Ordinance;

(y) to dispose of property pursuant to this Ordinance; and;

(z) to do all other things necessary or convenient to achieve the objectives and purposes of the Land Bank or other laws that relate to the purposes and responsibilities of the Land Bank.

Sec. 103-42. No Waiver of Governmental Immunity.

No provision of this Ordinance is intended, nor shall it be construed, as a waiver by the County of any governmental immunity provided under any applicable law. Sec. 103-43. Non-Discrimination.

The Land Bank shall comply with all applicable laws prohibiting discrimination.

(a) The Land Bank shall not provide services in a manner that discriminates against an individual because of the actual or perceived status, practice, or expression of that person's race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, gender identity or housing status; or the actual or perceived association with such a person.

(b) The Land Bank shall not fail or refuse to hire, recruit, promote, demote,

discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the actual or perceived status, practice, or expression of that person's race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, gender identity or housing status; or the actual or perceived association with such a person.

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Sec. 103-44 – 103-48 Reserved. Division 4. Real Property Acquisition, Management and Disposition

Sec. 103-49. Acquisition of Real Property.

(a) The Land Bank may acquire Real Property or rights or interests in Real Property by gift, bequest, transfer, exchange, foreclosure, purchase, purchase contracts, lease purchase agreements, installment sales contracts, land contracts, tax sale, scavenger sale or otherwise, on terms and conditions and in a manner the Land Bank considers proper. (b) The Land Bank may acquire any property conveyed to it by the State of Illinois, a foreclosing governmental unit, a unit of local government, an intergovernmental entity created under the laws of the State of Illinois, or any other public or private person, including, but not limited to, property without clear title. (c) All deeds, mortgages, contracts, leases, purchases, or other agreements regarding property of the Land Bank, including agreements to acquire or dispose of real property, shall be approved by and executed by the Land Bank, in the name of the County. (d) The Land Bank shall have the right to purchase properties, in the name of the County, at tax sales conducted in accordance with the Property Tax Code, 35 ILCS §200/1-1 et seq. The Land Bank may tender a bid at a tax sale that is a credit bid, consisting of the obligation of the Land Bank to satisfy the component parts of the bid by payments to the respective political subdivisions. (e) The Land Bank shall have the right to make offers to purchase properties that are subject to a listing agreement; said offer or purchase of a property by the Land Bank that is subject to a listing agreement shall not extinguish any legal rights existing under the listing agreement.

Sec. 103-50. Execution of Legal Documents Relating to Property.

All deeds, mortgages, contracts, easements, leases, licenses, franchises, purchases, covenants or other agreements regarding Real Property of the Land Bank, including agreements to acquire or dispose of Real Property, shall be executed in the name of the County by the Land Bank and approved in accordance with the bylaws of the Land Bank. Sec. 103-51. Holding and Managing Property.

The Land Bank may control, manage, maintain, operate, repair, lease as lessor, license, secure, prevent the waste or deterioration of, demolish, and take all other actions necessary to preserve the value of the Real Property it controls on behalf of the County. The Land Bank shall maintain all such Real Property held by the Land Bank in accordance with applicable laws and codes. Such Real Property shall be inventoried and classified by the Land Bank according to

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suitability for use. The inventory shall be maintained as a public record and shall be filed electronically and in the principal office of the Land Bank Sec. 103-52. Property Disposition.

On terms and conditions, and in a manner and for an amount of consideration the Land Bank considers proper, fair, and reasonable, including for no monetary consideration if appropriate, the Land Bank may convey, sell, transfer, exchange, lease as lessor, or otherwise dispose of Real Property or rights or interests in Real Property which the Land Bank controls and the County holds a legal interest to any public or private Person. The transfer and use of property under this section and the exercise by the Land Bank of powers and duties under this Ordinance shall be considered a necessary public purpose and for the benefit of the public.

Sec. 103-53. Criteria for Conveyance.

Real Property shall be conveyed by the Land Bank in accordance with this Ordinance and according to criteria determined in the discretion of the Board and contained in the policies and procedures adopted by the Board. The Board may adopt policies and procedures that set forth priorities for a transferee’s use of Real Property conveyed by the Land Bank, including, but not limited to, affordable housing. Sec. 103-54. Transactions Transactions shall be structured in a manner that permits the Land Bank to enforce contractual agreements, real covenants, and the provisions of any subordinate financing held by the Land Bank pertaining to development and use of the Real Property. Sec. 103-55. Disposition of Proceeds.

Any proceeds from the sale or transfer of Real Property by the Land Bank shall be retained, expended, or transferred by the Land Bank as determined by the Board in the best interests of the Land Bank and in accordance with applicable laws and Agreements. Division 5. Intergovernmental Agreements Sec. 103-56. Intergovernmental Agreements

(a) The Board of Directors may negotiate and propose Agreements necessary, incidental, or convenient to the performance of its duties and the exercise of its powers with a local unit of government located in whole or in part within Cook County, subject to the approval of the County Board. Such an Agreement may include, but are not be limited to, contracts for the joint exercise of powers, contracts for the ownership, management, development, and disposition of Real Property, or contracts for the performance of services by a local unit of government on behalf of the Land Bank or by the Land Bank on behalf of a local unit of government.

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(b) The parties to the intergovernmental agreements shall agree that no party to an intergovernmental agreement shall be responsible, in whole or in part, for the acts of the employees, agents, and servants of any other party, whether acting separately or in conjunction with the implementation of an Agreement. The parties shall only be bound and obligated under an Agreement as expressly agreed to by each party. (c) All agreements shall in all respects be interpreted, enforced, and governed under the laws of the State of Illinois without regard to the doctrines of conflict of laws. The language of all parts of an Agreement shall in all cases be construed as a whole according to its plain and fair meaning, and not construed strictly for or against any Party.

Division 6. Books, Records, Finances and Expenditures Sec. 103-58. Land Bank Records.

The Land Bank shall keep and maintain at the principal office of the Land Bank all documents and records of the Land Bank. The records of the Land Bank, which shall be available to the public, shall include, but not be limited to, a copy of this Ordinance, the Land Bank’s bylaws, and any agreements, along with any amendments thereto. The records and documents shall be maintained and shall be delivered to any successor entity. Sec. 103-59. Financial Statements and Reports.

The Land Bank shall cause to be prepared, at the Land Bank’s expense, audited financial statements (balance sheet, statement of revenue and expense, statement of cash flows, and changes in fund balance) on an annual basis. Such financial statements shall be prepared in accordance with generally accepted accounting principles and accompanied by a written opinion of an independent certified public accounting firm. Sec. 103-60. Annual Budget.

(a) The Land Bank shall prepare an annual budget in a manner and under a time frame mandated by the Cook County Budget Director.

(b) For Fiscal Year 2014 and each Fiscal Year thereafter, the Board of Directors shall

recommend, approve and submit an annual budget to be included in the President's Executive Budget Recommendation for approval by the County Board.

(c) The obligations and expenditures of the Board of Directors shall conform to the County’s Annual Appropriation Ordinance; provided that the County Board retains the authority to impose additional limitations. Any commitment, contract or other obligation entered into by the Board in derogation of this Section shall be voidable by the County Board.

Sec. 103-61. Deposits and Investments.

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The Land Bank shall deposit funds of the Land Bank in a special fund to be held by the Treasurer of the County, to be designated as the “Land Bank Fund” and to be expended exclusively for the operation of the Land Bank.

Sec. 103-62. Disbursements.

Expenditures of funds from the Land Bank Fund shall be in accordance with guidelines established by the Board of Directors.

Sec. 103-63. Performance Objectives.

Each Fiscal Year, the Director, or other individual designated by the Board of Directors, shall prepare, for review and approval by the Board of Directors, objectives for the Land Bank’s performance.

Sec. 103-64. Annual Report.

(a) The Board of Directors shall submit to the President and the County Board, within six months after the end of each Fiscal Year, a report which shall set forth a complete and detailed operating and financial statement of the Land Bank during such Fiscal Year.

(b) Included in the report shall be any recommendations for additional legislation or

other action which may be necessary to carry out the mission, purpose and intent of the Land Bank.

Sec. 103-65. Management of Funds.

The Director, or other individual designated by the Board of Directors, shall be authorized to make deposits and withdraw funds from the Land Bank Fund for the management of sales proceeds, revenue, and other Land Bank funds as authorized by the Board of Directors. Standard accounting procedures shall be used in the management of accounts and approved by the Cook County Comptroller.

Sec. 103-66. Authorized Expenditures.

The Land Bank shall in its sole discretion and within its budget, expend such funds as necessary to carry out the powers, duties, functions, and responsibilities of a land bank under this Ordinance. Division 7. Dissolution, Distribution of Assets Sec. 103-67. Dissolution.

Upon determining that the purposes of the Land Bank have been completed and that there is no longer a need for the Land Bank’s continued existence, the Board of Commissioners may repeal this Ordinance and dissolve the Land Bank, provided however that the effective date of

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any such repeal shall provide sufficient time for the Land Bank to carry out the provisions set forth in Sec. 103-64.

Sec. 103-68. Distribution of Assets. As soon as possible after notice of the repeal of this Ordinance, the Land Bank shall finish its affairs as follows:

(a) all of the Land Bank’s debts, liabilities, and obligations to its creditors and all expenses incurred in connection with the termination of the Land Bank and distribution of its assets shall be paid first; and

(b) the remaining Real Property and personal property owned by the Land Bank, if

any, shall be distributed to any successor entity, subject to approval by the County. In the event that no successor entity exists, the remaining Real Property and personal property, and other assets of the Land Bank, shall become assets of the County, unless provided otherwise in any applicable Agreements.

Division 8. Miscellaneous Sec. 103-69. Interpretation of Ordinance.

All powers granted to the Land Bank under this Ordinance shall be interpreted broadly to effectuate the intent and purposes of this Ordinance and not to serve as a limitation of powers. Sec. 103-70. Severability of Provisions.

The invalidity of any clause, sentence, paragraph, subdivision, section, or portion thereof, shall not affect the validity of the remaining provisions of this Ordinance. Sec. 103-71. Terminology.

All terms and words used in this Ordinance, regardless of the number, are deemed to include any other number as the context may require.