(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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