093_SB0213

 
                                     LRB093 03895 DRH 03930 b

 1        AN ACT in relation to highways.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Highway  Code  is  amended  by
 5    changing Section 5-903 as follows:

 6        (605 ILCS 5/5-903) (from Ch. 121, par. 5-903)
 7        Sec. 5-903.  Definitions.  As used in this Division:
 8        "Units   of   local  government"  mean  counties  with  a
 9    population  over  225,000   400,000   and   all   home   rule
10    municipalities.
11        "Road  improvement  impact  fee"  means any charge or fee
12    levied or  imposed  by  a  unit  of  local  government  as  a
13    condition   to  the  issuance  of  a  building  permit  or  a
14    certificate  of  occupancy   in   connection   with   a   new
15    development,  when  any  portion of the revenues collected is
16    intended to be used to fund any portion of the costs of  road
17    improvements.
18        "Road  improvements"  mean  the  improvement,  expansion,
19    enlargement  or  construction  of roads, streets, or highways
20    under  the  jurisdiction  of  units  of   local   government,
21    including  but  not  limited  to  bridges, rights-of-way, and
22    traffic control improvements owned and operated by such units
23    of local government.  Road improvements may also include  the
24    improvement, expansion, enlargement or construction of roads,
25    ramps,  streets  or  highways  under  the jurisdiction of the
26    State of Illinois, provided an agreement  providing  for  the
27    construction and financing of such road improvements has been
28    reached  between  the  State and the unit of local government
29    and incorporated  into  the  comprehensive  road  improvement
30    plan.   Road  improvements shall not include tollways but may
31    include tollway ramps.
 
                            -2-      LRB093 03895 DRH 03930 b
 1        "New  development"  means  any  residential,  commercial,
 2    industrial or other project which is being newly constructed,
 3    reconstructed, redeveloped, structurally altered,  relocated,
 4    or  enlarged,  and  which generates additional traffic within
 5    the service area or areas of the unit  of  local  government.
 6    "New  development"  shall not include any new development for
 7    which site specific development approval has been given by  a
 8    unit  of  local  government within 18 months before the first
 9    date of publication by the unit  of  local  government  of  a
10    notice of public hearing to consider the land use assumptions
11    relating   to   the   development  of  a  comprehensive  road
12    improvement plan and imposition  of  impact  fees;  provided,
13    however,  that  a building permit for such new development is
14    issued within 18 months after the date of publication of such
15    notice.
16        "Roads, streets or highways" mean any roads,  streets  or
17    highways  which  have  been  designated  by the unit of local
18    government  in  the  comprehensive  road   improvement   plan
19    together  with all necessary appurtenances, including but not
20    limited to bridges, rights-of-way, tollway ramps, and traffic
21    control improvements.
22        "Comprehensive  road  improvement  plan"  means  a   plan
23    prepared by the unit of local government in consultation with
24    the Advisory Committee.
25        "Advisory  Committee" means the group of members selected
26    from  the  public  and  private  sectors  to  advise  in  the
27    development and  implementation  of  the  comprehensive  road
28    improvement plan, and the periodic update of the plan.
29        "Person"   means   any   individual,  firm,  partnership,
30    association, public or private corporation,  organization  or
31    business, charitable trust, or unit of local government.
32        "Land use assumptions" means a description of the service
33    area or areas and the roads, streets or highways incorporated
34    therein,  including  projections  relating to changes in land
 
                            -3-      LRB093 03895 DRH 03930 b
 1    uses, densities and population growth rates which affect  the
 2    level  of  traffic within the service area or areas over a 20
 3    year period of time.
 4        "Service area" means one or more land  areas  within  the
 5    boundaries  of  the  unit  of local government which has been
 6    designated  by  the  unit  of   local   government   in   the
 7    comprehensive road improvement plan.
 8        "Residential  development"  means  a  house, building, or
 9    other structure that is suitable or capable of being used for
10    residential purposes.
11        "Nonresidential development" means a  building  or  other
12    structure  that  is suitable or capable of being used for all
13    purposes other than residential purposes.
14        "Specifically and uniquely attributable" means that a new
15    development creates the need, or an identifiable  portion  of
16    the  need,  for  additional capacity to be provided by a road
17    improvement. Each new development paying impact fees used  to
18    fund  a  road  improvement must receive a direct and material
19    benefit from the road improvement constructed with the impact
20    fees paid. The need for road improvements  funded  by  impact
21    fees   shall   be   based  upon  generally  accepted  traffic
22    engineering practices as assignable to  the  new  development
23    paying the fees.
24        "Proportionate share" means the cost of road improvements
25    that  are  specifically  and  uniquely  attributable to a new
26    development after the consideration of the following factors:
27    the  amount  of  additional  traffic  generated  by  the  new
28    development,   any   appropriate   credit   or   offset   for
29    contribution of money, dedication of  land,  construction  of
30    road  improvements  or traffic reduction techniques, payments
31    reasonably anticipated to be made by or as a result of a  new
32    development  in the form of user fees, debt service payments,
33    or taxes which are dedicated for road  improvements  and  all
34    other available sources of funding road improvements.
 
                            -4-      LRB093 03895 DRH 03930 b
 1        "Level  of  service"  means one of the categories of road
 2    service  as  defined  by  the  Institute  of   Transportation
 3    Engineers  which  shall  be  selected  by  a  unit  of  local
 4    government  imposing  the  impact fee as the adopted level of
 5    service to serve existing development not subject to the  fee
 6    and  new  development,  provided  that  the  level of service
 7    selected for new development shall not exceed  the  level  of
 8    service adopted for existing development.
 9        "Site specific development approval" means an approval of
10    a plan submitted by a developer to a unit of local government
11    describing  with  reasonable certainty the type and intensity
12    of use for a specific parcel or  parcels  of  property.   The
13    plan  may  be in the form of, but need not be limited to, any
14    of  the  following:  a  preliminary  or  final  planned  unit
15    development  plan,  subdivision   plat,   development   plan,
16    conditional  or  special  use  permit,  or  any other form of
17    development use approval, as utilized  by  a  unit  of  local
18    government,   provided  that  the  development  use  approval
19    constitutes a final exercise of discretion  by  the  unit  of
20    local government.
21        "Developer"   means   any   person   who  undertakes  new
22    development.
23        "Existing deficiencies" mean existing roads, streets,  or
24    highways  operating  at  a level of service below the adopted
25    level of service selected by the unit of local government, as
26    defined in the comprehensive road improvement plan.
27        "Assisted financing" means the financing  of  residential
28    development  by  the  Illinois Housing Development Authority,
29    including loans  to  developers  for  multi-unit  residential
30    development   and   loans  to  purchasers  of  single  family
31    residences, including condominiums and townhomes.
32    (Source: P.A. 90-356, eff. 8-10-97.)