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    AN ACT concerning transportation.

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


 
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    Section 5. The Illinois Highway Code is amended  by changing 
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Section 5-904 as follows:
 



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    (605 ILCS 5/5-904)  (from Ch. 121, par. 5-904)



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    Sec. 5-904. Authorization for the Imposition of an Impact 
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Fee. 
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    (a) No impact
fee shall be
imposed by a unit of local 
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government within a service area or areas upon a
developer for 
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the purposes of improving, expanding, enlarging or

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constructing roads, streets or highways directly affected by 
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the traffic
demands generated from the new development unless 
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imposed pursuant to the
provisions of this Division.
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    (b)  An impact fee payable by a developer shall
not exceed a 
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proportionate share of costs incurred by a unit of local

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government which are specifically and uniquely attributable to 
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the new
development paying the fee in providing road 
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improvements, but may be used
to cover costs associated with 
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the surveying of the service area, with the
acquisition of land 
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and rights-of-way, with engineering and planning costs,
and 
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with all other costs which are directly related to the 
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improvement,
expansion, enlargement or construction of roads, 
 


 






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streets or highways within
the service area or areas as 
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designated in the comprehensive road
improvement plan.
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    (c)  An impact fee shall not be imposed to cover costs

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associated with the repair, reconstruction, operation or 
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maintenance of
existing roads, streets or
highways, nor shall 
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an impact fee be used to cure existing deficiencies or
to 
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upgrade, update,
expand or replace existing roads in order to 
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meet stricter safety or
environmental requirements; provided, 
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however, that such fees may be used
in conjunction with other 
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funds available to the unit of local government
for the purpose 
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of curing existing deficiencies, but in no event shall the

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amount of impact fees expended exceed the development's 
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proportionate share of
the cost
of such road improvements.
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    (d) Any unit of local government that has imposed an impact 
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fee upon a developer under this Section shall impose a 
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proportionate road improvement impact fee on any other 
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developer who, within 5 years of the date on which the original 
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impact fee was imposed, undertakes an additional development 
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that benefits from the improvement, expansion, enlargement, or 
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construction of any street, road, or highway under this 
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Section. The amount of the proportionate road improvement 
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impact fee imposed under this subsection (d) shall be 
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determined as provided in subsection (b) of this Section.
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    Within one year after any unit of local government receives 
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a proportionate road improvement impact fee under this 
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subsection (d), that unit of local government shall pay to the 
 


 






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developer who paid the original impact fee an amount equal to 
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the amount of the proportionate road improvement impact fee.
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    (e)  Nothing contained in this Section shall
preclude a unit 
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of local government from providing credits to the developer
for 
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services, conveyances, improvements or cash if provided by 
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agreement even
if the credits are for improvements not included 
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in the comprehensive road
improvement plan, provided the 
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improvements are otherwise eligible for
inclusion in the 
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comprehensive road improvement plan.

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(Source: P.A. 88-470.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.