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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 100,000 400,000 and 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
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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.)
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