093_HB1539
LRB093 08792 BDD 09023 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Local Government Development Impact Fee Act.
6 Section 5. Purpose. The purpose of this Act is to
7 create the authority for municipalities and counties to adopt
8 and implement development impact fee ordinances and
9 resolutions. The General Assembly recognizes that the
10 imposition of these development impact fees is designed to
11 supplement other funding sources so that the burden of
12 financing the capital needs of new schools, parks, libraries,
13 and public safety services can be allocated in a fair and
14 equitable manner. It is the intent of the General Assembly
15 to promote orderly economic growth throughout the State by
16 assuring that new development bears its fair share of the
17 cost of meeting the demand for capital improvements through
18 the imposition of development impact fees. It is also the
19 intent of the General Assembly to preserve the authority of
20 elected local government officials to adopt and implement
21 development impact fees while at the same time preventing the
22 imposition of duplicate or unevenly applied development
23 impact fees.
24 Section 10. Imposition of fees.
25 (a) A municipality within its boundaries or a county
26 within unincorporated areas of the county may impose a
27 development impact fee by ordinance, resolution, or
28 development agreement to undertake capital improvements,
29 including the acquisition of land. An impact fee payable by
30 a developer may not exceed a proportionate share of the costs
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1 incurred by a municipality, county, school district, park
2 district, library, or fire protection district that are
3 specifically and uniquely attributable to the new development
4 made by the developer paying the fee. The municipality or
5 county shall work with and include representatives of
6 affected school districts, park districts, library districts,
7 and fire protection districts in assessing development impact
8 fees. In calculating the amount of an impact fee under this
9 Act, the municipality or county must consider, without
10 limitation, (i) the demand for the capital improvement
11 generated by the development, (ii) the acreage required for
12 the capital improvement, and (iii) the value of each acre of
13 land.
14 (b) All development impact fees collected under this Act
15 shall be deposited into interest bearing accounts designated
16 solely for capital improvements for each unit of local
17 government affected by the new development. The municipality
18 or county shall be accountable to each of those units of
19 local government for the expenditure of those moneys.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.