Full Text of HB0537 95th General Assembly
HB0537eng 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 8 |
| Fee. | 9 |
| (a) No impact
fee shall be
imposed by a unit of local | 10 |
| government within a service area or areas upon a
developer for | 11 |
| the purposes of improving, expanding, enlarging or
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| constructing roads, streets or highways directly affected by | 13 |
| the traffic
demands generated from the new development unless | 14 |
| imposed pursuant to the
provisions of this Division. | 15 |
| (b) An impact fee payable by a developer shall
not exceed a | 16 |
| proportionate share of costs incurred by a unit of local
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| government which are specifically and uniquely attributable to | 18 |
| the new
development paying the fee in providing road | 19 |
| improvements, but may be used
to cover costs associated with | 20 |
| the surveying of the service area, with the
acquisition of land | 21 |
| and rights-of-way, with engineering and planning costs,
and | 22 |
| with all other costs which are directly related to the | 23 |
| improvement,
expansion, enlargement or construction of roads, |
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LRB095 07607 LCT 27757 b |
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| streets or highways within
the service area or areas as | 2 |
| designated in the comprehensive road
improvement plan. | 3 |
| (c) An impact fee shall not be imposed to cover costs
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| associated with the repair, reconstruction, operation or | 5 |
| maintenance of
existing roads, streets or
highways, nor shall | 6 |
| an impact fee be used to cure existing deficiencies or
to | 7 |
| upgrade, update,
expand or replace existing roads in order to | 8 |
| meet stricter safety or
environmental requirements; provided, | 9 |
| however, that such fees may be used
in conjunction with other | 10 |
| funds available to the unit of local government
for the purpose | 11 |
| of curing existing deficiencies, but in no event shall the
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| amount of impact fees expended exceed the development's | 13 |
| proportionate share of
the cost
of such road improvements. | 14 |
| (d) Any unit of local government that has imposed an impact | 15 |
| fee upon a developer under this Section shall impose a | 16 |
| proportionate road improvement impact fee on any other | 17 |
| developer who, within 5 years of the date on which the original | 18 |
| impact fee was imposed, undertakes an additional development | 19 |
| that benefits from the improvement, expansion, enlargement, or | 20 |
| construction of any street, road, or highway under this | 21 |
| Section. The amount of the proportionate road improvement | 22 |
| impact fee imposed under this subsection (d) shall be | 23 |
| determined as provided in subsection (b) of this Section. | 24 |
| Within one year after any unit of local government receives | 25 |
| a proportionate road improvement impact fee under this | 26 |
| 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 | 2 |
| the amount of the proportionate road improvement impact fee. | 3 |
| (e) Nothing contained in this Section shall
preclude a unit | 4 |
| of local government from providing credits to the developer
for | 5 |
| services, conveyances, improvements or cash if provided by | 6 |
| agreement even
if the credits are for improvements not included | 7 |
| in the comprehensive road
improvement plan, provided the | 8 |
| improvements are otherwise eligible for
inclusion in the | 9 |
| 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 | 12 |
| becoming law.
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