(605 ILCS 5/5-905) (from Ch. 121, par. 5-905)
Sec. 5-905.
Procedure for the Imposition of Impact Fees.
(a) Unless
otherwise provided for in this Division, an impact fee shall be imposed by
a unit of local government only upon compliance with the provisions set
forth in this Section.
(b) A unit of local government intending to impose an impact fee shall
adopt an ordinance or resolution establishing a public hearing date to
consider land use assumptions that will be used to develop the
comprehensive road improvement plan. Before the adoption of the ordinance
or resolution establishing a public hearing date, the governing body of the
unit of local government shall appoint an Advisory Committee in accordance
with this Division.
(c) The unit of local government shall provide public notice of the
hearing date to consider land use assumptions in accordance with the
provisions contained in this Section.
(d) The unit of local government shall publish notice of the hearing
date once each week for 3 consecutive weeks, not less than 30 and not
more than 60 days before the scheduled date of the hearing, in a newspaper
of general circulation within the unit of local government. The notice of
public hearing shall not appear in the part of the paper where legal
notices or classified ads appear. The notice shall not be smaller than
one-quarter page of standard size or tabloid-size newspaper.
(e) The notice shall contain all of the following information:
(1) Headline designated as follows: "NOTICE OF PUBLIC |
(f) In addition to the public notice requirement, the unit of local
government shall send a notice of the intent to hold a public hearing by
certified mail, return receipt requested, to any person who has requested
in writing by certified mail return receipt requested, notification of the
hearing date, at least 30 days before the date of
the adoption of the ordinance or resolution establishing the public hearing date.
(g) A public hearing shall be held for the consideration of the proposed
land use assumptions. Within 30 days after the public hearing has been
held, the Advisory Committee shall make a recommendation to adopt, reject in
whole or in part, or modify the proposed land use assumptions presented
at the hearing by written report to the unit of local government.
Thereafter the unit of local government shall have not less than 30 nor
more than 60 days to approve, disapprove, or modify by ordinance or
resolution the land use assumptions proposed at the public hearing and the
recommendations made by the Advisory Committee. Such ordinance or
resolution shall not be adopted as an emergency measure.
(h) Upon the adoption of an ordinance or resolution approving the land
use assumptions, the unit of local government shall provide for a
comprehensive road improvement plan to be developed by qualified
professionals familiar with generally accepted engineering and planning
practices. The comprehensive road improvement plan shall include
projections of all costs related to the road improvements designated in the
comprehensive road improvement plan.
(i) The unit of local government shall adopt an
ordinance or resolution establishing a date for a public hearing to
consider the comprehensive road improvement plan and the imposition of
impact fees related thereto.
(j) A public hearing to consider the adoption of the comprehensive road
improvement plan and imposition of impact fees shall be held within the
unit of local government subject to the same notice provisions as those set forth in the
subsection (d). The public hearing shall be conducted by an official
designated by the unit of local government.
(k) Within 30 days after the public hearing has been held, the Advisory
Committee shall make a recommendation to adopt, reject in whole or in part,
or modify the proposed comprehensive road improvement plan and impact fees. The unit of
local government shall have not less than 30 nor more than 60 days to approve,
disapprove, or modify by ordinance or resolution the proposed
comprehensive road improvement plan and impact fees. Such ordinance or resolution shall
not be adopted as an emergency measure.
(Source: P.A. 86-97.)
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