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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1881eng HB1881 Engrossed LRB9100168PTbd 1 AN ACT to amend the Illinois Highway Code by changing 2 Section 5-903. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Highway Code is amended by 6 changing Section 5-903 as follows: 7 (605 ILCS 5/5-903) (from Ch. 121, par. 5-903) 8 Sec. 5-903. Definitions. As used in this Division: 9 "Units of local government" mean counties with a 10 population over 100,000400,000and all home rule 11 municipalities. 12 "Road improvement impact fee" means any charge or fee 13 levied or imposed by a unit of local government as a 14 condition to the issuance of a building permit or a 15 certificate of occupancy in connection with a new 16 development, when any portion of the revenues collected is 17 intended to be used to fund any portion of the costs of road 18 improvements. 19 "Road improvements" mean the improvement, expansion, 20 enlargement or construction of roads, streets, or highways 21 under the jurisdiction of units of local government, 22 including but not limited to bridges, rights-of-way, and 23 traffic control improvements owned and operated by such units 24 of local government. Road improvements may also include the 25 improvement, expansion, enlargement or construction of roads, 26 ramps, streets or highways under the jurisdiction of the 27 State of Illinois, provided an agreement providing for the 28 construction and financing of such road improvements has been 29 reached between the State and the unit of local government 30 and incorporated into the comprehensive road improvement 31 plan. Road improvements shall not include tollways but may HB1881 Engrossed -2- LRB9100168PTbd 1 include tollway ramps. 2 "New development" means any residential, commercial, 3 industrial or other project which is being newly constructed, 4 reconstructed, redeveloped, structurally altered, relocated, 5 or enlarged, and which generates additional traffic within 6 the service area or areas of the unit of local government. 7 "New development" shall not include any new development for 8 which site specific development approval has been given by a 9 unit of local government within 18 months before the first 10 date of publication by the unit of local government of a 11 notice of public hearing to consider the land use assumptions 12 relating to the development of a comprehensive road 13 improvement plan and imposition of impact fees; provided, 14 however, that a building permit for such new development is 15 issued within 18 months after the date of publication of such 16 notice. 17 "Roads, streets or highways" mean any roads, streets or 18 highways which have been designated by the unit of local 19 government in the comprehensive road improvement plan 20 together with all necessary appurtenances, including but not 21 limited to bridges, rights-of-way, tollway ramps, and traffic 22 control improvements. 23 "Comprehensive road improvement plan" means a plan 24 prepared by the unit of local government in consultation with 25 the Advisory Committee. 26 "Advisory Committee" means the group of members selected 27 from the public and private sectors to advise in the 28 development and implementation of the comprehensive road 29 improvement plan, and the periodic update of the plan. 30 "Person" means any individual, firm, partnership, 31 association, public or private corporation, organization or 32 business, charitable trust, or unit of local government. 33 "Land use assumptions" means a description of the service 34 area or areas and the roads, streets or highways incorporated HB1881 Engrossed -3- LRB9100168PTbd 1 therein, including projections relating to changes in land 2 uses, densities and population growth rates which affect the 3 level of traffic within the service area or areas over a 20 4 year period of time. 5 "Service area" means one or more land areas within the 6 boundaries of the unit of local government which has been 7 designated by the unit of local government in the 8 comprehensive road improvement plan. 9 "Residential development" means a house, building, or 10 other structure that is suitable or capable of being used for 11 residential purposes. 12 "Nonresidential development" means a building or other 13 structure that is suitable or capable of being used for all 14 purposes other than residential purposes. 15 "Specifically and uniquely attributable" means that a new 16 development creates the need, or an identifiable portion of 17 the need, for additional capacity to be provided by a road 18 improvement. Each new development paying impact fees used to 19 fund a road improvement must receive a direct and material 20 benefit from the road improvement constructed with the impact 21 fees paid. The need for road improvements funded by impact 22 fees shall be based upon generally accepted traffic 23 engineering practices as assignable to the new development 24 paying the fees. 25 "Proportionate share" means the cost of road improvements 26 that are specifically and uniquely attributable to a new 27 development after the consideration of the following factors: 28 the amount of additional traffic generated by the new 29 development, any appropriate credit or offset for 30 contribution of money, dedication of land, construction of 31 road improvements or traffic reduction techniques, payments 32 reasonably anticipated to be made by or as a result of a new 33 development in the form of user fees, debt service payments, 34 or taxes which are dedicated for road improvements and all HB1881 Engrossed -4- LRB9100168PTbd 1 other available sources of funding road improvements. 2 "Level of service" means one of the categories of road 3 service as defined by the Institute of Transportation 4 Engineers which shall be selected by a unit of local 5 government imposing the impact fee as the adopted level of 6 service to serve existing development not subject to the fee 7 and new development, provided that the level of service 8 selected for new development shall not exceed the level of 9 service adopted for existing development. 10 "Site specific development approval" means an approval of 11 a plan submitted by a developer to a unit of local government 12 describing with reasonable certainty the type and intensity 13 of use for a specific parcel or parcels of property. The 14 plan may be in the form of, but need not be limited to, any 15 of the following: a preliminary or final planned unit 16 development plan, subdivision plat, development plan, 17 conditional or special use permit, or any other form of 18 development use approval, as utilized by a unit of local 19 government, provided that the development use approval 20 constitutes a final exercise of discretion by the unit of 21 local government. 22 "Developer" means any person who undertakes new 23 development. 24 "Existing deficiencies" mean existing roads, streets, or 25 highways operating at a level of service below the adopted 26 level of service selected by the unit of local government, as 27 defined in the comprehensive road improvement plan. 28 "Assisted financing" means the financing of residential 29 development by the Illinois Housing Development Authority, 30 including loans to developers for multi-unit residential 31 development and loans to purchasers of single family 32 residences, including condominiums and townhomes. 33 (Source: P.A. 90-356, eff. 8-10-97.)