093_HB1539ham001 LRB093 08792 BDD 11801 a 1 AMENDMENT TO HOUSE BILL 1539 2 AMENDMENT NO. . Amend House Bill 1539 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 Development Impact Fee Authorization for Local Governments 6 Act. 7 Section 5. Statement of purpose and intent. The General 8 Assembly finds that the purpose of this Act is to establish 9 the criteria by which municipalities and counties, on behalf 10 of themselves or other units of local government and school 11 districts, may impose development impact fees on all 12 developments. 13 It is the intent of the General Assembly to: 14 (1) Encourage economic growth by assuring that all 15 developments bear their fair share of the costs 16 associated with providing necessary capital improvements 17 to serve a development. 18 (2) Preserve the right of municipalities and 19 counties to adopt and implement development impact fee 20 ordinances that adhere to and meet the minimum 21 requirements set forth in this Act. 22 (3) Provide for a system of due process by which -2- LRB093 08792 BDD 11801 a 1 parties affected under this Act have fair and reasonable 2 notice of, and an opportunity to participate in, the 3 adoption of development impact fee ordinances and the 4 collection and use of development impact fees. 5 (4) To preserve the right of municipalities to 6 negotiate annexation agreements, by providing that this 7 Act does not affect the current law of annexation 8 agreements or any annexation agreements existing on the 9 effective date of this Act. 10 Section 10. Definitions. In this Act: 11 "Adopted capital improvement program or budget" means a 12 document that sets out the need for public facility capital 13 improvements, the cost of the improvements, and proposed 14 funding sources. A capital improvement program or budget must 15 cover at least a 3-year period and be adopted by the 16 governing body of the unit of local government or school 17 district. 18 "Credits" means the present value of the contribution of 19 money, dedication of land, debt service payment, or tax 20 revenue generated by a development toward the cost of 21 existing or planned capital improvements, excluding wetland 22 enhancement or mitigation required under local, State, or 23 federal law. 24 "Developer" means any corporation, organization, person, 25 or other legal entity constructing or creating a development. 26 "Development" means any change to improved or unimproved 27 real property or the use of any principal structure or land, 28 including the division of land into parcels. 29 "Development impact fee" means the cash contribution or 30 land dedication that is imposed on a development by a 31 municipality or county to fund all or a portion of public 32 facilities capital improvements that are necessary as a 33 result of the development. Development impact fees are -3- LRB093 08792 BDD 11801 a 1 additional and supplemental to, and not a substitute for, any 2 other requirements imposed by the municipality or county as a 3 condition of development approval. 4 "Discount rate" means the interest rate, expressed in 5 terms of percentage per annum, that is used to adjust past or 6 future financial or monetary payments to present value. 7 "Encumbered" means subject to a commitment to use 8 collected development impact fees by legal obligation, 9 appropriation, or other official action of a unit of local 10 government or school district. 11 "Present owner" means the person or persons shown to be 12 in title to the real estate subject to a refund under Section 13 70 as reflected in the official records of the county kept by 14 the assessor as of the previous January 1, prior to any 15 refund. 16 "Present value" means the current value of past, present, 17 or future payments that are adjusted to a base period by a 18 discount rate. 19 "Proportionate share" means the share or portion of total 20 public facilities capital improvement costs that bears a 21 rational nexus to development, minus: (i) any credits for the 22 construction or dedication of public facility capital 23 improvements, (ii) any credits for the dedication of land for 24 public facility capital improvements, and (iii) past or 25 future payments for actual or estimated public facility 26 capital improvement costs made or reasonably anticipated to 27 be made by a developer in the form of debt service payments 28 and taxes. 29 Credits for past or future payments toward capital 30 improvement costs shall be adjusted to present value in order 31 to make fair comparisons of monetary amounts paid or received 32 at different times. 33 "Public facility" means any facility or equipment owned 34 or operated by a unit of local government or school district. -4- LRB093 08792 BDD 11801 a 1 "Public facilities capital improvement" or "capital 2 improvement" includes, but is not limited to, any 3 construction, expansion, or enhancement of any publicly-owned 4 facilities, equipment, land acquisitions, and land 5 improvements made necessary by the development. 6 "Public facilities capital improvement costs" include, 7 but are not limited to, the actual or estimated capital 8 improvement costs associated with the construction, 9 expansion, or enhancement of any publicly-owned facilities 10 and the equipment and the necessary materials, land 11 acquisition, land improvement, design, engineering, and 12 professional costs related to the construction, expansion, or 13 enhancement. The costs do not include routine and periodic 14 maintenance expenditures or other operating costs. 15 "Rational nexus" means a connection established between a 16 development and the new or expanded capital facilities 17 required to accommodate the development, identification of 18 the cost of those new or expanded capital facilities required 19 to accommodate development, and appropriate apportionment of 20 that cost to development in relation to benefits reasonably 21 received. A development impact fee is not invalid because the 22 payment of the fee may result in some benefit to other owners 23 or developers. 24 "Service area" means a geographic area delineated by a 25 unit of local government or school district in which a 26 defined set of capital improvements or a defined amount of 27 school lands, park lands, or other land uses provide a 28 service to a development within the area. 29 "Service standard" means the level of service delivery 30 associated with a public facility for which a development 31 impact fee shall be required. 32 "Unit of local government" means all units of local 33 government as defined in Article VII, Section 1 of the State 34 Constitution. -5- LRB093 08792 BDD 11801 a 1 Section 15. Authorization to impose development impact 2 fees. 3 (a) Municipalities and counties are authorized to adopt 4 development impact fee ordinances and to impose, collect, and 5 expend development impact fees for all public facilities 6 capital improvements. After the effective date of this Act, 7 development impact fees may be imposed by a municipality and 8 county only under the requirements and limitations set forth 9 in this Act. 10 (b) Development impact fees may be imposed only for those 11 projects specifically in or covered by a unit of local 12 government's or school district's approved capital 13 improvements program or budget. The program or budget must 14 specify the service standards for each facility that is to be 15 the subject of a development impact fee, and these standards 16 shall apply equally to developments. 17 (c) Development impact fees shall be assessed in a 18 non-discriminatory manner. 19 (d) In order to preserve the right of municipalities to 20 negotiate agreements, this Act does not affect the current 21 law of annexation agreements or affect any annexation 22 agreements existing on the effective date of this Act. 23 (e) Development impact fees are additional and 24 supplemental to, and not a substitute for, any other 25 requirements imposed by the municipality or county as a 26 condition of development approval. 27 Section 20. Ordinance requirements. 28 (a) A municipality or county that desires to adopt a 29 development impact fee ordinance shall conduct or cause to be 30 conducted a needs assessment for the public facility or 31 project for which the development impact fee is to be 32 imposed. The needs assessment must distinguish existing needs 33 from the projected needs of development and must contain -6- LRB093 08792 BDD 11801 a 1 components that describe (i) an inventory of existing 2 facilities, (ii) the identification of service standards upon 3 which the development impact fee is to be based, and (iii) a 4 projection of community needs. The municipality or county 5 shall use the needs assessment in formulating its development 6 impact fee program. 7 (b) In adopting a development impact fee ordinance, a 8 municipality or county shall adhere to all of the following: 9 (1) The creation, assessment, collection, and 10 expenditure of any development impact fees under this Act 11 must bear a rational nexus to the burden imposed upon the 12 unit of local government or school district to provide 13 additional capital improvements to support the 14 development. 15 (2) The development impact fees imposed upon a 16 development may not exceed the proportionate share of the 17 costs incurred or to be incurred by the unit of local 18 government or school district in accommodating the 19 development. In calculating the proportionate share, the 20 unit of local government or school district shall take 21 the actual or estimated cost of the public facility or 22 capital improvement project that bears a rational nexus 23 to a development and subtract from that amount: (i) any 24 credits for the construction or dedication of public 25 facility capital improvements, (ii) any credits for the 26 dedication of land for public facility capital 27 improvements, and (iii) past or future payments for 28 actual or estimated public facility capital improvement 29 costs made or reasonably anticipated to be made by a 30 developer in the form of debt service payments and taxes. 31 (3) The amount of each development impact fee 32 imposed under this Act must be based upon actual costs or 33 reasonable estimates of costs for the creation or 34 expansion of capital improvements to be incurred by the -7- LRB093 08792 BDD 11801 a 1 unit of local government or school district as a result 2 of the development. 3 (c) Municipalities and counties requiring the payment of 4 development impact fees shall incorporate these fee 5 requirements within their broader system of development and 6 land use regulations in such a manner that developments, 7 either collectively or individually, are not required to pay 8 or otherwise contribute more than a proportionate share of 9 capital improvement costs resulting from the development. 10 (d) Municipalities and counties shall develop a method of 11 calculating development impact fees that is consistent with 12 the requirements of this Act. 13 (e) All documents prepared by a unit of local government 14 or school district under this Section shall be on file with 15 the unit of local government or school district and be 16 available for public inspection. 17 Section 25. Use of development impact fees. 18 (a) Development impact fees may be imposed and expended 19 for, but not limited to, the following purposes: 20 (1) The construction of public facilities capital 21 improvements. 22 (2) Upgrading, updating, or expanding existing 23 capital improvements to serve developments. 24 (3) The acquisition of lands for schools, parks, 25 libraries, roads, capital facility sites, and other 26 necessities caused by developments. 27 (4) General improvements to lands that are made 28 necessary by developments. 29 (5) Wastewater treatment facilities and sanitary 30 sewer collection systems. 31 (6) Potable water treatment and storage facilities 32 and distribution systems. 33 (7) Stormwater management facilities and systems. -8- LRB093 08792 BDD 11801 a 1 (8) Payments advanced by a unit of local government 2 or school district as part of an authorized development 3 impact fee expenditure. 4 (9) Fees and costs associated with the use of 5 development impact fees for independent engineers, 6 financial contractors, other contractual services, 7 planning, surveying, designing, engineering, and similar 8 costs as well as attorney's fees and costs. 9 (b) Projected interest charges and other finance costs 10 may be included in determining the amount of development 11 impact fees to the extent that the development impact fees 12 are used for the payment of principal and interest on bonds, 13 notes, or other obligations that are issued by or on behalf 14 of a unit of local government or school district and that are 15 used to finance capital improvements made necessary by 16 development. 17 Section 30. Collection and expenditure of fees; 18 accounting. Development impact fees imposed under this Act 19 shall be paid prior to the issuance of a building permit or 20 other appropriate permission to proceed with a development. 21 Moneys received from development impact fees shall be 22 placed in a separate fund and accounted for separately and 23 may be used only for the purposes authorized by this Act. 24 Interest earned on all moneys deposited in the separate fund 25 shall be credited toward that account. 26 Section 35. Public hearing required. Municipalities and 27 counties must conduct a public hearing regarding any proposal 28 for new or amended development impact fee ordinances and must 29 publish a notice 30 days before the hearing in at least one 30 newspaper of general circulation within the unit of local 31 government or school district. The notice shall include the 32 date, time, and location of the hearing, as well as the -9- LRB093 08792 BDD 11801 a 1 general type of development impact fee ordinance that is to 2 be considered. A development impact ordinance fee may not 3 take effect sooner than 60 days after its adoption. 4 Section 40. Appeals and judicial review. Any developer 5 paying a development impact fee under this Act shall have the 6 right to contest the imposition, collection, or use of the 7 development impact fee, as well as other related matters. The 8 initial appeal shall be made to the governing body of the 9 municipality or county responsible for creating the 10 development impact fee in accordance with any procedures 11 adopted in the development impact fee ordinance. 12 Any subsequent relief shall be sought in a de novo 13 proceeding in a court with proper jurisdiction and venue. 14 Section 45. Intergovernmental agreements. Units of local 15 government and school districts that are jointly affected by 16 developments may enter into intergovernmental agreements with 17 each other, with other governmental authorities, or with the 18 State to create, assess, collect, and expend development 19 impact fees in a manner that is consistent with this Act. 20 Section 50. Service areas. If a municipality or county, 21 in its sole discretion, requires delineation of service 22 areas, a unit of local government or school district shall 23 establish these service areas for the collection and 24 expenditure of development impact fees. Any service areas 25 must be appropriate to the nature of the particular capital 26 improvement. 27 Section 55. Land dedications. A municipality or county 28 may, in its sole discretion, require a developer to dedicate 29 land in place of development impact fees. The value of any 30 required land dedication may not exceed a development's -10- LRB093 08792 BDD 11801 a 1 proportionate share. The requirement for a land dedication 2 must bear a rational nexus to the development and must 3 conform to the other requirements of this Act. 4 Section 60. Construction of capital improvements. This 5 Act shall not prevent a municipality from acting in 6 accordance with any planning or zoning powers under Article 7 11 of the Illinois Municipal Code and shall not prevent a 8 county from acting in accordance with any planning or zoning 9 powers under Article 5 of the Counties Code. 10 Section 65. Recoupment. A unit of local government may 11 recoup costs of excess capacity in existing facilities, where 12 the excess capacity has been provided in anticipation of the 13 needs of a development. The development impact fees imposed 14 to recoup these costs must be based on the unit of local 15 government's actual cost of acquiring or constructing the 16 facility and must be no more than a proportionate share of 17 such costs. 18 Section 70. Reversion of unencumbered funds; refunds. All 19 development impact fees collected under this Act must be 20 expended or encumbered for capital improvements within 20 21 years of the date of collection. If the fees are not expended 22 or encumbered within 20 years, the unit of local government 23 holding the funds shall return to the present owner the 24 amount of the unencumbered fee plus any interest collected 25 upon proper request for a refund and a determination that a 26 refund is proper. 27 Where land is dedicated and is not used for the purposes 28 dedicated, the unit of local government, at its option, may 29 return either the land or the fair value of the land at the 30 date on which it was dedicated. 31 If eligible for a refund, a present owner must submit to -11- LRB093 08792 BDD 11801 a 1 the municipality or county a written request within one year 2 after the date the right to claim a refund arises. If the 3 refund is proper, the municipality or county shall return, or 4 require a unit of local government or school district to 5 return, the amount to be refunded. All refunds due and not 6 claimed within the required time period shall remain in the 7 special fund and be expended only as provided in this Act. 8 Section 75. Repeal of development impact fee ordinances. 9 A municipality or county may, by ordinance, repeal any or all 10 development impact fee ordinances and make any unexpended or 11 unencumbered funds available for a refund to the present 12 owners. 13 Upon the repeal of any development impact fee ordinance, 14 the municipality or county shall publish notice of the repeal 15 and of the availability of any refunds in a newspaper of 16 general circulation within the unit of local government or 17 school district. If at the end of one year no request for a 18 refund is made, the remaining development impact fee funds 19 may be transferred to the unit of local government's or 20 school district's general fund and be used for any public 21 purpose. A municipality or county need not comply with this 22 notice requirement if there are no unexpended or unencumbered 23 balances of development impact fee funds. 24 Section 80. Compliance. No later than 2 years after the 25 effective date of this Act, municipalities and counties must 26 amend any existing development impact fee ordinances to 27 comply with the requirements of this Act. Until this date, 28 the failure of development impact fee ordinances adopted 29 before the effective date of this Act to comply with the 30 requirements of this Act shall not be grounds to challenge 31 their validity. This Act applies only to road impact fee 32 ordinances adopted after the effective date of this Act. -12- LRB093 08792 BDD 11801 a 1 Section 97. Severability. The provisions of this Act 2 are severable under Section 1.31 of the Statute on Statutes. 3 Section 99. Effective date. This Act takes effect on 4 January l, 2004.".