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HB0537 Engrossed |
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LRB095 07607 LCT 27757 b |
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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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HB0537 Engrossed |
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LRB095 07607 LCT 27757 b |
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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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HB0537 Engrossed |
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LRB095 07607 LCT 27757 b |
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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.
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