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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Highway Code is amended by changing | ||||||
5 | Section 5-904 as follows:
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6 | (605 ILCS 5/5-904) (from Ch. 121, par. 5-904)
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7 | Sec. 5-904. Authorization for the Imposition of an Impact | ||||||
8 | Fee. | ||||||
9 | (a) No impact
fee shall be
imposed by a unit of local | ||||||
10 | government within a service area or areas upon a
developer for | ||||||
11 | the purposes of improving, expanding, enlarging or
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12 | constructing roads, streets or highways directly affected by | ||||||
13 | the traffic
demands generated from the new development unless | ||||||
14 | imposed pursuant to the
provisions of this Division. | ||||||
15 | (b) An impact fee payable by a developer shall
not exceed a | ||||||
16 | proportionate share of costs incurred by a unit of local
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17 | government which are specifically and uniquely attributable to | ||||||
18 | the new
development paying the fee in providing road | ||||||
19 | improvements, but may be used
to cover costs associated with | ||||||
20 | the surveying of the service area, with the
acquisition of land | ||||||
21 | and rights-of-way, with engineering and planning costs,
and | ||||||
22 | with all other costs which are directly related to the | ||||||
23 | improvement,
expansion, enlargement or construction of roads, |
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1 | streets or highways within
the service area or areas as | ||||||
2 | designated in the comprehensive road
improvement plan. | ||||||
3 | (c) An impact fee shall not be imposed to cover costs
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4 | associated with the repair, reconstruction, operation or | ||||||
5 | maintenance of
existing roads, streets or
highways, nor shall | ||||||
6 | an impact fee be used to cure existing deficiencies or
to | ||||||
7 | upgrade, update,
expand or replace existing roads in order to | ||||||
8 | meet stricter safety or
environmental requirements; provided, | ||||||
9 | however, that such fees may be used
in conjunction with other | ||||||
10 | funds available to the unit of local government
for the purpose | ||||||
11 | of curing existing deficiencies, but in no event shall the
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12 | amount of impact fees expended exceed the development's | ||||||
13 | proportionate share of
the cost
of such road improvements. | ||||||
14 | (d) Any unit of local government that has imposed an impact | ||||||
15 | fee upon a developer under this Section shall impose a | ||||||
16 | proportionate road improvement impact fee on any other | ||||||
17 | developer who, within 5 years of the date on which the original | ||||||
18 | impact fee was imposed, undertakes an additional development | ||||||
19 | that benefits from the improvement, expansion, enlargement, or | ||||||
20 | construction of any street, road, or highway under this | ||||||
21 | Section. The amount of the proportionate road improvement | ||||||
22 | impact fee imposed under this subsection (d) shall be | ||||||
23 | determined as provided in subsection (b) of this Section. | ||||||
24 | Within one year after any unit of local government receives | ||||||
25 | a proportionate road improvement impact fee under this | ||||||
26 | subsection (d), that unit of local government shall pay to the |
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1 | developer who paid the original impact fee an amount equal to | ||||||
2 | the amount of the proportionate road improvement impact fee. | ||||||
3 | (e) Nothing contained in this Section shall
preclude a unit | ||||||
4 | of local government from providing credits to the developer
for | ||||||
5 | services, conveyances, improvements or cash if provided by | ||||||
6 | agreement even
if the credits are for improvements not included | ||||||
7 | in the comprehensive road
improvement plan, provided the | ||||||
8 | improvements are otherwise eligible for
inclusion in the | ||||||
9 | comprehensive road improvement plan.
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10 | (Source: P.A. 88-470.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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