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.


LRB094 13291 DRH 48146 b

 

 

A BILL FOR

 

HB5253 LRB094 13291 DRH 48146 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Highway Code is amended by changing
5 Section 5-904 as follows:
 
6     (605 ILCS 5/5-904)  (from Ch. 121, par. 5-904)
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
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
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,
24 streets or highways within the service area or areas as
25 designated in the comprehensive road improvement plan.
26     (c) An impact fee shall not be imposed to cover costs
27 associated with the repair, reconstruction, operation or
28 maintenance of existing roads, streets or highways, nor shall
29 an impact fee be used to cure existing deficiencies or to
30 upgrade, update, expand or replace existing roads in order to
31 meet stricter safety or environmental requirements; provided,
32 however, that such fees may be used in conjunction with other

 

 

HB5253 - 2 - LRB094 13291 DRH 48146 b

1 funds available to the unit of local government for the purpose
2 of curing existing deficiencies, but in no event shall the
3 amount of impact fees expended exceed the development's
4 proportionate share of the cost of such road improvements.
5     (d) Any unit of local government that has imposed an impact
6 fee upon a developer under this Section shall impose a
7 proportionate road improvement impact fee on any other
8 developer who, within 5 years of the date on which the original
9 impact fee was imposed, undertakes an additional development
10 that benefits from the improvement, expansion, enlargement, or
11 construction of any street, road, or highway under this
12 Section. The amount of the proportionate road improvement
13 impact fee imposed under this subsection (d) shall be
14 determined as provided in subsection (b) of this Section.
15     Within one year after any unit of local government receives
16 a proportionate road improvement impact fee under this
17 subsection (d), that unit of local government shall pay to the
18 developer who paid the original impact fee an amount equal to
19 the amount of the proportionate road improvement impact fee.
20     (e) Nothing contained in this Section shall preclude a unit
21 of local government from providing credits to the developer for
22 services, conveyances, improvements or cash if provided by
23 agreement even if the credits are for improvements not included
24 in the comprehensive road improvement plan, provided the
25 improvements are otherwise eligible for inclusion in the
26 comprehensive road improvement plan.
27 (Source: P.A. 88-470.)
 
28     Section 99. Effective date. This Act takes effect upon
29 becoming law.