94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5253


 
Introduced 1/24/2006, by Rep. Renee Kosel
 
SYNOPSIS AS INTRODUCED:
 		














605 ILCS 5/5-904
  from Ch. 121, par. 5-904







    Amends the Illinois Highway Code. Provides that any unit of local government that has imposed a road improvement impact fee upon a developer shall impose a proportionate road improvement impact fee on any other developer who, within 5 years of the date on which the original impact fee was imposed, undertakes an additional development that benefits from the road improvements for which the unit of local government imposed the original impact fee. Provides that, within one year after a unit of local government receives a proportionate road improvement impact fee from a subsequent developer, that unit of local government shall pay to the developer who paid the original impact fee an amount equal to the amount of the proportionate road improvement impact fee. Effective immediately.
















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A BILL FOR









 











HB5253

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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Highway Code is amended  by changing 
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Section 5-904 as follows:
 



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    (605 ILCS 5/5-904)  (from Ch. 121, par. 5-904)



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    Sec. 5-904. Authorization for the Imposition of an Impact 
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Fee. 
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    (a) No impact
fee shall be
imposed by a unit of local 
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government within a service area or areas upon a
developer for 
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the purposes of improving, expanding, enlarging or

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constructing roads, streets or highways directly affected by 
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the traffic
demands generated from the new development unless 
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imposed pursuant to the
provisions of this Division.
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    (b)  An impact fee payable by a developer shall
not exceed a 
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proportionate share of costs incurred by a unit of local

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government which are specifically and uniquely attributable to 
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the new
development paying the fee in providing road 
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improvements, but may be used
to cover costs associated with 
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the surveying of the service area, with the
acquisition of land 
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and rights-of-way, with engineering and planning costs,
and 
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with all other costs which are directly related to the 
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improvement,
expansion, enlargement or construction of roads, 
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streets or highways within
the service area or areas as 
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designated in the comprehensive road
improvement plan.
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    (c)  An impact fee shall not be imposed to cover costs

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associated with the repair, reconstruction, operation or 
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maintenance of
existing roads, streets or
highways, nor shall 
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an impact fee be used to cure existing deficiencies or
to 
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upgrade, update,
expand or replace existing roads in order to 
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meet stricter safety or
environmental requirements; provided, 
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however, that such fees may be used
in conjunction with other 
 


 






HB5253
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funds available to the unit of local government
for the purpose 
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of curing existing deficiencies, but in no event shall the

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amount of impact fees expended exceed the development's 
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proportionate share of
the cost
of such road improvements.
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    (d) Any unit of local government that has imposed an impact 
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fee upon a developer under this Section shall impose a 
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proportionate road improvement impact fee on any other 
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developer who, within 5 years of the date on which the original 
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impact fee was imposed, undertakes an additional development 
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that benefits from the improvement, expansion, enlargement, or 
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construction of any street, road, or highway under this 
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Section. The amount of the proportionate road improvement 
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impact fee imposed under this subsection (d) shall be 
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determined as provided in subsection (b) of this Section.
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    Within one year after any unit of local government receives 
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a proportionate road improvement impact fee under this 
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subsection (d), that unit of local government shall pay to the 
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developer who paid the original impact fee an amount equal to 
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the amount of the proportionate road improvement impact fee.
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    (e)  Nothing contained in this Section shall
preclude a unit 
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of local government from providing credits to the developer
for 
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services, conveyances, improvements or cash if provided by 
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agreement even
if the credits are for improvements not included 
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in the comprehensive road
improvement plan, provided the 
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improvements are otherwise eligible for
inclusion in the 
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comprehensive road improvement plan.

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(Source: P.A. 88-470.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.