HB3396 95TH GENERAL ASSEMBLY

LRB095 04960 HLH 25026 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3396

Introduced 2/26/2007, by Rep. Richard P. Myers

SYNOPSIS AS INTRODUCED:

70 ILCS 705/11h new

Amends the Fire Protection District Act. Allows a district to impose a development impact fee by ordinance, resolution, or development agreement to: undertake capital developments or capital improvements; acquire land; make improvements to roads, buildings, or other property; acquire equipment; or pay for additional personnel. Sets forth considerations in determining the amount of the impact fee. Makes other changes.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Fire Protection District Act is amended by adding Section 11h as follows:

(70 ILCS 705/11h new)

Sec. 11h. Impact fees. A district may impose a development impact fee on a developer that is undertaking a residential, commercial, or industrial project that is being newly constructed, reconstructed, redeveloped, enlarged, or otherwise developed and that will generate additional demands for services from the district. A district may impose an impact fee for: acquisition of land; capital developments; capital improvements to roads; capital improvements to buildings or other real property; acquisition of equipment; or additional personnel.

An impact fee payable by a developer may not exceed a proportionate share of the costs incurred or the costs that will be incurred by the district that are specifically and uniquely attributable to the new development or subdivision. In calculating the amount of an impact fee under this Section, the district must consider, without limitation, (i) the demand for land, capital developments, capital improvements, equipment, or personnel generated by the development or subdivision, (ii) the direct and material benefit to the development or subdivision because of the land, capital development, capital improvement, equipment, or personnel that will be financed by the impact fee, and (iii) the acreage and the value of the acreage required for a capital development or capital improvement.