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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 5 Div. 8
(605 ILCS 5/Art. 5 Div. 8 heading)
DIVISION 8.
PROPERTY ACQUISITION
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605 ILCS 5/5-801
(605 ILCS 5/5-801) (from Ch. 121, par. 5-801)
Sec. 5-801.
Any county, in its name, may acquire the fee simple title, or
such lesser interest as may be desired, to any lands, rights or other
property necessary for the construction, maintenance or operation of any
county highway, township road, district road, shared-use path for nonvehicular public travel, sidewalk, or bike path within the county or
necessary for the locating, relocating, widening, altering, extending or
straightening thereof, by purchase or gift or, if the compensation or
damages cannot be agreed upon, by the exercise of the right of eminent
domain under the eminent domain laws of this State. The county shall not be
required to furnish bond in any eminent domain proceeding.
When, in the judgment of the county, it is more practical and economical
to acquire the fee title to inaccessible remnants of tracts of land from
which rights-of-way are being acquired than to pay for damages to property
not taken, the county may do so by purchase but not by eminent domain
proceedings.
When acquiring land for a highway on a new location, and when a parcel
of land one acre or less in area contains a single family residence, which
is in conformance with existing zoning ordinances, and only a part of said
parcel is required for county highway purposes causing the remainder of the
parcel not to conform with the existing zoning ordinances, or when the
location of the right of way line of the proposed highway reduces the
distance from an existing single family residence to the right of way line
to ten feet or less, the acquiring agency shall, if the owner so demands,
take the whole parcel by negotiation or condemnation. The part not needed
for highway purposes may be rented, sold or exchanged by the acquiring
agency.
(Source: P.A. 102-452, eff. 8-20-21.)
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605 ILCS 5/5-802
(605 ILCS 5/5-802) (from Ch. 121, par. 5-802)
Sec. 5-802.
When the county deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, or deems it necessary to acquire materials for the
construction, maintenance or operation of any such highway, it may acquire
the necessary property, or such interest or right therein as may be
required, by gift or purchase or, if the compensation or damages cannot be
agreed upon, by the exercise of the right of eminent domain under the
eminent domain laws of this State. The county shall not be required to
furnish bond in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-803
(605 ILCS 5/5-803) (from Ch. 121, par. 5-803)
Sec. 5-803.
For the purpose of making surveys and the determination of the
amount of property necessary to be taken or damaged in connection with any
highway project, the county through its officers, agents or employees,
after notice to the owner, may enter upon the lands or waters of any person
or corporation, but subject to responsibility for all damages that may be
occasioned thereby.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/Art. 5 Div. 9
(605 ILCS 5/Art. 5 Div. 9 heading)
DIVISION 9.
ROAD IMPROVEMENT IMPACT FEES
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605 ILCS 5/5-901
(605 ILCS 5/5-901) (from Ch. 121, par. 5-901)
Sec. 5-901.
Short title.
This Division may be cited as the Road
Improvement Impact Fee Law.
(Source: P.A. 86-97.)
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605 ILCS 5/5-902
(605 ILCS 5/5-902) (from Ch. 121, par. 5-902)
Sec. 5-902.
General purposes.
The General Assembly finds that the
purpose of this legislation is to create the authority for units of
local government to adopt and implement road improvement impact fee
ordinances and resolutions.
The General Assembly further recognizes that the imposition of such road
improvement impact fees is designed to supplement other funding sources so
that the burden of paying for road improvements can be allocated
in a fair and equitable manner. It is the intent of the General Assembly
to promote orderly economic growth throughout the State by assuring that
new development bears its fair share of the cost of meeting the demand for
road improvements through the imposition of road improvement impact fees.
It is also the intent of the General Assembly to preserve the authority of
elected local government officials to adopt and implement road improvement
impact fee ordinances or resolutions which adhere to the minimum standards
and procedures adopted in this Division by the State.
(Source: P.A. 86-97.)
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605 ILCS 5/5-903
(605 ILCS 5/5-903) (from Ch. 121, par. 5-903)
Sec. 5-903.
Definitions.
As used in this Division:
"Units of local government" mean counties with a population over
400,000 and all home rule municipalities.
"Road improvement impact fee" means any charge or fee levied or imposed
by a unit of local government as a condition to the issuance of a building
permit or a certificate of occupancy in connection with a new development,
when any portion of the revenues collected is intended to be used to fund
any portion of the costs of road improvements.
"Road improvements" mean the improvement, expansion, enlargement or
construction of roads, streets, or highways under the jurisdiction of units
of local government, including but not limited to bridges, rights-of-way, and
traffic control improvements owned and operated by such units of local
government. Road improvements may also include the improvement, expansion,
enlargement or construction of roads, ramps, streets or highways under the
jurisdiction of the State of Illinois, provided an agreement providing for
the construction and financing of such road improvements has been reached
between the State and the unit of local government and incorporated into
the comprehensive road improvement plan. Road improvements shall not
include tollways but may include tollway ramps.
"New development" means any residential, commercial, industrial or other
project which is being newly constructed, reconstructed, redeveloped,
structurally altered, relocated, or enlarged, and which generates
additional traffic within the service area or areas of the unit of local
government. "New development" shall not include any new development for
which site specific development approval has been given by 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 the land use
assumptions relating to the development of a comprehensive road improvement
plan and imposition of impact fees; provided, however, that a building permit for such new
development is issued within 18 months after the date of publication of
such notice.
"Roads, streets or highways" mean any roads, streets or highways which
have been designated by the unit of local government in the comprehensive
road improvement plan together with all necessary appurtenances, including
but not limited to bridges, rights-of-way, tollway ramps, and traffic
control improvements.
"Comprehensive road improvement plan" means a plan prepared by the unit
of local government in consultation with the Advisory Committee.
"Advisory Committee" means the group of members selected from the public
and private sectors to advise in the development and implementation of the
comprehensive road improvement plan, and the periodic update of the plan.
"Person" means any individual, firm, partnership, association, public or
private corporation, organization or business, charitable trust, or unit of
local government.
"Land use assumptions" means a description of the service area or areas and
the roads, streets or highways incorporated therein, including projections
relating to changes in land uses, densities and population growth rates
which affect the level of traffic within the service area or areas over a
20
year period of time.
"Service area" means one or more land areas within the boundaries of the
unit of local government which has been designated by the unit of local
government in the comprehensive road improvement plan.
"Residential development" means a house, building, or other structure that
is suitable or capable of being used for residential purposes.
"Nonresidential development" means a building or other structure that is
suitable or capable of being used for all purposes other than residential purposes.
"Specifically and uniquely attributable" means that a new development
creates the need, or an identifiable portion of the need, for additional
capacity to be provided by a road improvement. Each new development paying
impact fees used to fund a road improvement must receive a direct and
material benefit from the road improvement constructed with the impact fees
paid. The need for road improvements funded by
impact fees shall be based upon generally accepted traffic engineering
practices as assignable to the new development paying the fees.
"Proportionate share" means the cost of road improvements that are
specifically and uniquely attributable to a new development after the
consideration of the following factors: the amount of additional traffic
generated by the new development, any appropriate credit or offset for
contribution of money, dedication of land, construction of road
improvements or traffic reduction techniques, payments reasonably
anticipated to be made by or as a result of a new development in the form of
user fees, debt service payments, or taxes which are dedicated for road
improvements and all other available sources of funding road improvements.
"Level of service" means one of the categories of road service as defined
by the Institute of Transportation Engineers which shall be selected by a
unit of local government imposing the impact fee as the adopted level of
service to serve existing development not subject to the fee and new
development, provided that the level of service selected for new
development shall not exceed the level of service adopted for existing development.
"Site specific development approval" means an approval of a plan
submitted by a developer to a unit of local government describing with
reasonable certainty the type and intensity of use for a specific parcel or
parcels of property. The plan may be in the form of, but need not be
limited to, any of the following: a preliminary or final planned unit
development plan, subdivision plat, development plan, conditional or
special use permit, or any other form of development use approval, as
utilized by a unit of local government, provided that the development use
approval constitutes a final exercise of discretion by the unit of local government.
"Developer" means any person who undertakes new development.
"Existing deficiencies" mean existing roads, streets, or highways
operating at a level of service below the adopted level of service selected
by the unit of local government, as defined in the comprehensive road improvement plan.
"Assisted financing" means the financing of residential development
by the Illinois Housing Development Authority, including loans to
developers for multi-unit residential development and loans to purchasers
of single family residences, including condominiums and townhomes.
(Source: P.A. 90-356, eff. 8-10-97.)
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605 ILCS 5/5-904
(605 ILCS 5/5-904) (from Ch. 121, par. 5-904)
Sec. 5-904.
Authorization for the Imposition of an Impact Fee.
No impact
fee shall be
imposed by a unit of local government within a service area or areas upon a
developer for the purposes of improving, expanding, enlarging or
constructing roads, streets or highways directly affected by the traffic
demands generated from the new development unless imposed pursuant to the
provisions of this Division. An impact fee payable by a developer shall
not exceed a proportionate share of costs incurred by a unit of local
government which are specifically and uniquely attributable to the new
development paying the fee in providing road improvements, but may be used
to cover costs associated with the surveying of the service area, with the
acquisition of land and rights-of-way, with engineering and planning costs,
and with all other costs which are directly related to the improvement,
expansion, enlargement or construction of roads, streets or highways within
the service area or areas as designated in the comprehensive road
improvement plan. An impact fee shall not be imposed to cover costs
associated with the repair, reconstruction, operation or maintenance of
existing roads, streets or
highways, nor shall an impact fee be used to cure existing deficiencies or
to upgrade, update,
expand or replace existing roads in order to meet stricter safety or
environmental requirements; provided, however, that such fees may be used
in conjunction with other funds available to the unit of local government
for the purpose of curing existing deficiencies, but in no event shall the
amount of impact fees expended exceed the development's proportionate share of
the cost
of such road improvements. Nothing contained in this Section shall
preclude a unit of local government from providing credits to the developer
for services, conveyances, improvements or cash if provided by agreement even
if the credits are for improvements not included in the comprehensive road
improvement plan, provided the improvements are otherwise eligible for
inclusion in the comprehensive road improvement plan.
(Source: P.A. 88-470.)
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605 ILCS 5/5-905
(605 ILCS 5/5-905) (from Ch. 121, par. 5-905)
Sec. 5-905.
Procedure for the Imposition of Impact Fees.
(a) Unless
otherwise provided for in this Division, an impact fee shall be imposed by
a unit of local government only upon compliance with the provisions set
forth in this Section.
(b) A unit of local government intending to impose an impact fee shall
adopt an ordinance or resolution establishing a public hearing date to
consider land use assumptions that will be used to develop the
comprehensive road improvement plan. Before the adoption of the ordinance
or resolution establishing a public hearing date, the governing body of the
unit of local government shall appoint an Advisory Committee in accordance
with this Division.
(c) The unit of local government shall provide public notice of the
hearing date to consider land use assumptions in accordance with the
provisions contained in this Section.
(d) The unit of local government shall publish notice of the hearing
date once each week for 3 consecutive weeks, not less than 30 and not
more than 60 days before the scheduled date of the hearing, in a newspaper
of general circulation within the unit of local government. The notice of
public hearing shall not appear in the part of the paper where legal
notices or classified ads appear. The notice shall not be smaller than
one-quarter page of standard size or tabloid-size newspaper.
(e) The notice shall contain all of the following information:
(1) Headline designated as follows: "NOTICE OF PUBLIC | | HEARING ON LAND USE ASSUMPTIONS RELATING TO THE DEVELOPMENT OF A COMPREHENSIVE ROAD IMPROVEMENT PLAN AND IMPOSITION OF IMPACT FEES".
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(2) The date, time and location of the public hearing.
(3) A statement that the purpose of the hearing is to
| | consider proposed land use assumptions within the service area or areas that will be used to develop a comprehensive road improvement plan.
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(4) A general description of the service area or
| | areas within the unit of local government being affected by the proposed land use assumptions.
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(5) A statement that the unit of local government
| | shall make available to the public upon request the following: proposed land use assumptions, an easily understandable and detailed map of the service area or areas to which the proposed land use assumptions shall apply, along with all other available information relating to the proposed land use assumptions.
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(6) A statement that any member of the public
| | affected by the proposed land use assumptions shall have the right to appear at the public hearing and present evidence in support of or against the proposed land use assumptions.
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(f) In addition to the public notice requirement, the unit of local
government shall send a notice of the intent to hold a public hearing by
certified mail, return receipt requested, to any person who has requested
in writing by certified mail return receipt requested, notification of the
hearing date, at least 30 days before the date of
the adoption of the ordinance or resolution establishing the public hearing date.
(g) A public hearing shall be held for the consideration of the proposed
land use assumptions. Within 30 days after the public hearing has been
held, the Advisory Committee shall make a recommendation to adopt, reject in
whole or in part, or modify the proposed land use assumptions presented
at the hearing by written report to the unit of local government.
Thereafter the unit of local government shall have not less than 30 nor
more than 60 days to approve, disapprove, or modify by ordinance or
resolution the land use assumptions proposed at the public hearing and the
recommendations made by the Advisory Committee. Such ordinance or
resolution shall not be adopted as an emergency measure.
(h) Upon the adoption of an ordinance or resolution approving the land
use assumptions, the unit of local government shall provide for a
comprehensive road improvement plan to be developed by qualified
professionals familiar with generally accepted engineering and planning
practices. The comprehensive road improvement plan shall include
projections of all costs related to the road improvements designated in the
comprehensive road improvement plan.
(i) The unit of local government shall adopt an
ordinance or resolution establishing a date for a public hearing to
consider the comprehensive road improvement plan and the imposition of
impact fees related thereto.
(j) A public hearing to consider the adoption of the comprehensive road
improvement plan and imposition of impact fees shall be held within the
unit of local government subject to the same notice provisions as those set forth in the
subsection (d). The public hearing shall be conducted by an official
designated by the unit of local government.
(k) Within 30 days after the public hearing has been held, the Advisory
Committee shall make a recommendation to adopt, reject in whole or in part,
or modify the proposed comprehensive road improvement plan and impact fees. The unit of
local government shall have not less than 30 nor more than 60 days to approve,
disapprove, or modify by ordinance or resolution the proposed
comprehensive road improvement plan and impact fees. Such ordinance or resolution shall
not be adopted as an emergency measure.
(Source: P.A. 86-97.)
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605 ILCS 5/5-906
(605 ILCS 5/5-906) (from Ch. 121, par. 5-906)
Sec. 5-906.
Impact Fee Ordinance or Resolution Requirements.
(a) An impact fee ordinance or resolution shall satisfy the following 2 requirements:
(1) The construction, improvement, expansion or | | enlargement of new or existing roads, streets, or highways for which an impact fee is imposed must be specifically and uniquely attributable to the traffic demands generated by the new development paying the fee.
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(2) The impact fee imposed must not exceed a
| | proportionate share of the costs incurred or the costs that will be incurred by the unit of local government in the provision of road improvements to serve the new development. The proportionate share is the cost specifically attributable to the new development after the unit of local government considers the following: (i) any appropriate credit, offset or contribution of money, dedication of land, construction of road improvements or traffic reduction techniques; (ii) payments reasonably anticipated to be made by or as a result of a new development in the form of user fees, debt service payments, or taxes which are dedicated for road improvements; and (iii) all other available sources of funding road improvements.
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(b) In determining the proportionate share of the cost of road
improvements to be paid by the developer, the following 8 factors shall be
considered by the unit of local government imposing the impact fee:
(1) The cost of existing roads, streets and highways
| | within the service area or areas.
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(2) The means by which existing roads, streets and
| | highways have been financed to cure existing deficiencies.
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(3) The extent to which the new development being
| | assessed the impact fees has already contributed to the cost of improving existing roads, streets or highways through taxation, assessment, or developer or landowner contributions paid in prior years.
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(4) The extent to which the new development will
| | contribute to the cost of improving existing roads, streets or highways in the future.
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(5) The extent to which the new development should be
| | credited for providing road improvements, without charge to other properties within the service area or areas.
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(6) Extraordinary costs, if any, incurred in
| | servicing the new development.
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(7) Consideration of the time and price differential
| | inherent in a fair comparison of fees paid at different times.
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(8) The availability of other sources of funding road
| | improvements, including but not limited to user charges, general tax levies, intergovernmental transfers, and special taxation or assessments.
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(c) An impact fee ordinance or resolution shall provide for the
calculation of an impact fee in accordance with generally accepted
accounting practices. An impact fee shall not be deemed invalid because
payment of the fee may result in a benefit to other owners or developers
within the service area or areas, other than the person paying the fee.
(Source: P.A. 86-97.)
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605 ILCS 5/5-907
(605 ILCS 5/5-907) (from Ch. 121, par. 5-907)
Sec. 5-907.
Advisory Committee.
A road improvement impact fee advisory
committee shall be created by the unit of local government intending to
impose impact fees. The Advisory Committee shall consist of
not less than 10 members and not more than 20 members. Not less than 40%
of the members of the committee shall be representatives of the real
estate, development, and building industries and the labor communities and may
not
be employees or officials of the unit of local government.
The members of the Advisory Committee shall be selected as follows:
(1) The representatives of real estate shall be | | licensed under the Real Estate License Act of 2000 and shall be designated by the President of the Illinois Association of Realtors from a local Board from the service area or areas of the unit of local government.
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(2) The representatives of the development industry
| | shall be designated by the Regional Developers Association.
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(3) The representatives of the building industry
| | shall be designated representatives of the Regional Home Builders representing the unit of local government's geographic area as appointed from time to time by that Association's president.
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(4) The labor representatives shall be chosen by
| | either the Central Labor Council or the Building and Construction Trades Council having jurisdiction within the unit of local government.
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If the unit of local government is a county, at least 30% of the members
serving on the commission must be representatives of the municipalities
within the county. The municipal representatives shall be selected by a
convention of mayors in the county, who shall elect from their membership
municipal representatives to serve on the Advisory Committee. The members
representing the county shall be appointed by the chief executive officer of the county.
If the unit of local government is a municipality, the non-public
representatives shall be appointed by the chief executive officer of the municipality.
If the unit of local government has a planning or zoning commission, the
unit of local government may elect to use its planning or zoning commission
to serve as the Advisory Committee, provided that not less than 40% of the
committee members include representatives of the real estate, development, and
building industries and the labor communities who are not employees or
officials of the unit of local government. A unit of local government may
appoint additional members to serve on the planning or zoning commission
as ad hoc voting members whenever the planning or zoning commission
functions as the Advisory Committee; provided that no less than 40% of the
members include representatives of the real estate, development, and
building industries and the labor communities.
(Source: P.A. 91-245, eff. 12-31-99.)
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605 ILCS 5/5-908
(605 ILCS 5/5-908) (from Ch. 121, par. 5-908)
Sec. 5-908.
Duties of the Advisory Committee.
The Advisory Committee
shall serve in an advisory capacity and shall have the following duties:
(1) Advise and assist the unit of local government by | | recommending proposed land use assumptions.
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(2) Make recommendations with respect to the
| | development of a comprehensive road improvement plan.
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(3) Make recommendations to approve, disapprove or
| | modify a comprehensive road improvement plan by preparing a written report containing these recommendations to the unit of local government.
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(4) Report to the unit of local government on all
| | matters relating to the imposition of impact fees.
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(5) Monitor and evaluate the implementation of the
| | comprehensive road improvement plan and the assessment of impact fees.
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(6) Report annually to the unit of local government
| | with respect to the progress of the implementation of the comprehensive road improvement plan.
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(7) Advise the unit of local government of the need
| | to update or revise the land use assumptions, comprehensive road improvement plan, or impact fees.
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The unit of local government shall adopt procedural rules to be used by
the Advisory Committee in carrying out the duties imposed by this Division.
(Source: P.A. 86-97.)
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605 ILCS 5/5-909
(605 ILCS 5/5-909) (from Ch. 121, par. 5-909)
Sec. 5-909.
Unit of Local Government to Cooperate with the Advisory
Committee. The unit of local government shall make available to the
Advisory Committee all professional reports in relation to the development
and implementation of land use assumptions, the comprehensive road
improvement plan and periodic up-dates to the comprehensive road improvement plan.
(Source: P.A. 86-97.)
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605 ILCS 5/5-910
(605 ILCS 5/5-910) (from Ch. 121, par. 5-910)
Sec. 5-910.
Comprehensive Road Improvement Plan.
Each unit of local
government intending to impose an impact fee shall prepare a comprehensive
road improvement plan. The plan shall be prepared by persons qualified in
fields relating to engineering, planning, or transportation. The persons
preparing the plan shall consult with the Advisory Committee. The
comprehensive road improvement plan shall contain all of the following:
(1) A description of all existing roads, streets or | | highways and their existing deficiencies within the service area or areas of the unit of local government and a reasonable estimate of all costs related to curing the existing deficiencies, including but not limited to the upgrading, updating, improving, expanding or replacing of such roads, streets or highways and the current level of service of the existing roads, streets and highways.
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(2) A commitment by the unit of local government to
| | cure existing deficiencies where practicable relating to roads, streets, and highways.
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(3) A description of the land use assumptions adopted
| | by the unit of local government.
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(4) A description of all roads, streets or highways
| | proposed to be improved, expanded, enlarged or constructed to serve new development and a reasonable estimate of all costs related to the improvement, expansion, enlargement or construction of the roads, streets or highways needed to serve new development at a level of service not to exceed the level of service on the currently existing roads, streets or highways.
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(5) Identification of all sources and levels of
| | funding available to the unit of local government for the financing of the road improvements.
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(6) If the proposed road improvements include the
| | improvement of roads, streets or highways under the jurisdiction of the State of Illinois or another unit of local government, then an agreement between units of government shall specify the proportionate share of funding by each unit. All agreements entered into by the State must provide that the portion of the impact fees collected due to the impact of new development upon roads, streets, or highways under State jurisdiction be allocated for expenditure for improvements to those roads, streets, and highways under State jurisdiction.
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(7) A schedule setting forth estimated dates for
| | commencing construction of all road improvements identified in the comprehensive road improvement plan.
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Nothing contained in this subsection shall limit the right of a home
rule unit of local government from imposing conditions on a Planned Unit
Development or other zoning relief which may include contributions for road
improvements, which are necessary or appropriate for such developments, but
are not otherwise provided for in the comprehensive road improvement plan.
(Source: P.A. 86-97; 86-1158.)
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605 ILCS 5/5-911
(605 ILCS 5/5-911) (from Ch. 121, par. 5-911)
Sec. 5-911.
Assessment of Impact Fees.
Impact fees shall be assessed
by units of local government at the time of final plat approval or when the
building permit is issued when no plat approval is necessary. No impact fee
shall be assessed by a
unit of local government for roads, streets or highways within the service
area or areas of the unit of local government if and to the extent that
another unit of local government has imposed an impact
fee for the same roads, streets or highways.
(Source: P.A. 86-97.)
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605 ILCS 5/5-912
(605 ILCS 5/5-912) (from Ch. 121, par. 5-912)
Sec. 5-912.
Payment of Impact Fees.
In order to minimize the effect of impact fees on the person paying the
fees, the following methods of payment shall be used by the unit of local
government in collecting impact fees. Impact fees imposed upon a
residential development, consisting of one single family residence, shall be
payable as a condition to the issuance of the
building permit. Impact fees imposed upon all other types of new development,
including multi-unit residential development, shall be payable as a
condition to the issuance of the certificate of occupancy, provided that
the developer and the unit of local government enter into an agreement
designating that the developer notify the unit of local government that the
building permit or the certificate of occupancy has been issued. For any
development receiving assisted financing, including any development for
which a commitment for assisted financing has been issued and for which
assisted financing is provided within 6 months of the issuance of the
certificate of occupancy, the unit of local government shall provide for
the payment of the impact fees through an installment agreement at a
reasonable rate of interest for a period of 10 years after the impact fee is due. Nothing
contained in this Section shall preclude the payment of the impact fee at
the time when the building permit is issued or at an earlier stage of
development if agreed to by the unit of local government and the person
paying the fees. Nothing contained in this Section shall preclude the unit
of local government from making and entering into agreements providing for
the cooperative collection of impact fees but the collection of impact fees
shall be the sole responsibility of the unit of local government imposing
the impact fee. Such agreements may also
provide for the reimbursement of collection costs from the fees collected.
At the option of the unit of local government, impact fees may be paid
through an installment agreement at a reasonable rate of interest for a
period of up to 10 years after the impact fee is due.
Nothing contained in this section shall be construed to give units of
local government a preference over the rights of any purchaser, mortgagee,
judgment creditor or other lienholder arising prior to the filing in the
office of the recorder of the county or counties in which the property is
located of notification of the existence of any uncollected impact fees.
(Source: P.A. 86-97.)
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605 ILCS 5/5-913
(605 ILCS 5/5-913) (from Ch. 121, par. 5-913)
Sec. 5-913.
Impact Fees to be Held in Interest Bearing Accounts.
All
impact fees collected pursuant to this Division shall be deposited into interest
bearing accounts designated solely for such funds for each service area.
All interest earned on such funds shall become a part of the moneys to be
used for the road improvements authorized by this Division. The unit of
local government shall provide that an accounting be made annually for any
account containing impact fee proceeds and interest earned. Such
accounting shall include, but shall not be limited to, the total funds collected,
the source of the funds collected, the total amount of interest accruing on
such funds, and the amount of funds expended on road improvements. Notice of
the results of the accounting shall be published in a newspaper of general
circulation within the unit of local government at least 3 times. A
statement that a copy of the report is available to the public for
inspection at reasonable times shall be contained in the notice. A copy of
the report shall be provided to the Advisory Committee.
(Source: P.A. 86-97.)
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605 ILCS 5/5-914
(605 ILCS 5/5-914) (from Ch. 121, par. 5-914)
Sec. 5-914.
Expenditures of Impact Fees.
Impact fees shall only be
expended on those road improvements within the
service area or areas as specified in the comprehensive road improvement
plan, as updated from time to time. Impact fees shall be expended in the
same manner as motor fuel tax money allotted to the unit of local
government solely for road improvement costs.
(Source: P.A. 86-97.)
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605 ILCS 5/5-915
(605 ILCS 5/5-915) (from Ch. 121, par. 5-915)
Sec. 5-915.
Comprehensive Road Improvement Plan Amendments and Updates.
The unit of local government imposing an impact fee may amend
the comprehensive road improvement plan no more than once per year, provided
the cumulative amendments do not exceed 10% of the total plan in terms of
estimated
project costs. If a proposed plan amendment will result in the cumulative
amendments to the plan exceeding 10% of the total plan, then the unit of local
government shall follow the procedures set forth in Section 5-905 of this
Division. Regardless of whether the Comprehensive Road Improvement Plan has
been amended, the unit of
local government imposing an impact fee shall update the
comprehensive road improvement plan at least once every 5 years. The 5 year
period shall commence from the date of the original adoption of the
comprehensive road improvement plan. The updating of the comprehensive road
improvement plan shall be made in accordance with the procedures set forth
in Section 5-905 of this Division.
(Source: P.A. 88-470.)
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