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
 
                            -2-      LRB093 08792 BDD 09023 b
 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.