Illinois General Assembly - Illinois Compiled Statutes

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605 ILCS 5/5-918

(605 ILCS 5/5-918) (from Ch. 121, par. 5-918)

Sec. 5-918.

Transition Clauses.

(a) Conformance of Existing Ordinances.  A unit of local government
which currently has in effect an impact fee ordinance or resolution shall
have not more than 12 months from July 26, 1989 to bring its ordinance or
resolution into conformance with the requirements imposed by this Act,
except that a home rule unit of local government with a population over
75,000 and located in a county with a population over 600,000 and less than
2,000,000 shall have not more than 18 months from July 26, 1989, to bring
that ordinance or resolution into conformance.

(b) Exemption of Developments Receiving Site Specific Development Approval.
No development which has received site specific development approval from
a unit of local government within 18 months before the first date of
publication by the unit of local government of a notice of public hearing
to consider land use assumptions relating to the development of a
comprehensive road improvement plan and imposition of impact fees and which
has filed for building permits or certificates of occupancy within 18
months of the date of approval of the site specific development plan shall
be required to pay impact fees for permits or certificates of occupancy
issued within that 18 month period.

This Division shall have no effect on the validity of any existing
agreements entered into between a developer and a unit of local government
pertaining to fees, exactions or donations made by a developer for the
purpose of funding road improvements.

(c) Exception to the Exemption of Developments Receiving Site Specific
Development Approval.  Nothing in this Section shall require the refund of
impact fees previously collected by units of local government in accordance
with their ordinances or resolutions, if such ordinances or resolutions
were adopted prior to the effective date of this Act and provided that such
impact fees are encumbered as provided in Section 5-916.

(Source: P.A. 86-97; 86-1158.)