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91_HB1881ham001
LRB9100168PTpkam
1 AMENDMENT TO HOUSE BILL 1881
2 AMENDMENT NO. . Amend House Bill 1881 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Highway Code by changing
5 Section 5-903."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Highway Code is amended by
9 changing Section 5-903 as follows:
10 (605 ILCS 5/5-903) (from Ch. 121, par. 5-903)
11 Sec. 5-903. Definitions. As used in this Division:
12 "Units of local government" mean counties with a
13 population over 100,000 400,000 and all home rule
14 municipalities.
15 "Road improvement impact fee" means any charge or fee
16 levied or imposed by a unit of local government as a
17 condition to the issuance of a building permit or a
18 certificate of occupancy in connection with a new
19 development, when any portion of the revenues collected is
20 intended to be used to fund any portion of the costs of road
21 improvements.
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1 "Road improvements" mean the improvement, expansion,
2 enlargement or construction of roads, streets, or highways
3 under the jurisdiction of units of local government,
4 including but not limited to bridges, rights-of-way, and
5 traffic control improvements owned and operated by such units
6 of local government. Road improvements may also include the
7 improvement, expansion, enlargement or construction of roads,
8 ramps, streets or highways under the jurisdiction of the
9 State of Illinois, provided an agreement providing for the
10 construction and financing of such road improvements has been
11 reached between the State and the unit of local government
12 and incorporated into the comprehensive road improvement
13 plan. Road improvements shall not include tollways but may
14 include tollway ramps.
15 "New development" means any residential, commercial,
16 industrial or other project which is being newly constructed,
17 reconstructed, redeveloped, structurally altered, relocated,
18 or enlarged, and which generates additional traffic within
19 the service area or areas of the unit of local government.
20 "New development" shall not include any new development for
21 which site specific development approval has been given by a
22 unit of local government within 18 months before the first
23 date of publication by the unit of local government of a
24 notice of public hearing to consider the land use assumptions
25 relating to the development of a comprehensive road
26 improvement plan and imposition of impact fees; provided,
27 however, that a building permit for such new development is
28 issued within 18 months after the date of publication of such
29 notice.
30 "Roads, streets or highways" mean any roads, streets or
31 highways which have been designated by the unit of local
32 government in the comprehensive road improvement plan
33 together with all necessary appurtenances, including but not
34 limited to bridges, rights-of-way, tollway ramps, and traffic
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1 control improvements.
2 "Comprehensive road improvement plan" means a plan
3 prepared by the unit of local government in consultation with
4 the Advisory Committee.
5 "Advisory Committee" means the group of members selected
6 from the public and private sectors to advise in the
7 development and implementation of the comprehensive road
8 improvement plan, and the periodic update of the plan.
9 "Person" means any individual, firm, partnership,
10 association, public or private corporation, organization or
11 business, charitable trust, or unit of local government.
12 "Land use assumptions" means a description of the service
13 area or areas and the roads, streets or highways incorporated
14 therein, including projections relating to changes in land
15 uses, densities and population growth rates which affect the
16 level of traffic within the service area or areas over a 20
17 year period of time.
18 "Service area" means one or more land areas within the
19 boundaries of the unit of local government which has been
20 designated by the unit of local government in the
21 comprehensive road improvement plan.
22 "Residential development" means a house, building, or
23 other structure that is suitable or capable of being used for
24 residential purposes.
25 "Nonresidential development" means a building or other
26 structure that is suitable or capable of being used for all
27 purposes other than residential purposes.
28 "Specifically and uniquely attributable" means that a new
29 development creates the need, or an identifiable portion of
30 the need, for additional capacity to be provided by a road
31 improvement. Each new development paying impact fees used to
32 fund a road improvement must receive a direct and material
33 benefit from the road improvement constructed with the impact
34 fees paid. The need for road improvements funded by impact
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1 fees shall be based upon generally accepted traffic
2 engineering practices as assignable to the new development
3 paying the fees.
4 "Proportionate share" means the cost of road improvements
5 that are specifically and uniquely attributable to a new
6 development after the consideration of the following factors:
7 the amount of additional traffic generated by the new
8 development, any appropriate credit or offset for
9 contribution of money, dedication of land, construction of
10 road improvements or traffic reduction techniques, payments
11 reasonably anticipated to be made by or as a result of a new
12 development in the form of user fees, debt service payments,
13 or taxes which are dedicated for road improvements and all
14 other available sources of funding road improvements.
15 "Level of service" means one of the categories of road
16 service as defined by the Institute of Transportation
17 Engineers which shall be selected by a unit of local
18 government imposing the impact fee as the adopted level of
19 service to serve existing development not subject to the fee
20 and new development, provided that the level of service
21 selected for new development shall not exceed the level of
22 service adopted for existing development.
23 "Site specific development approval" means an approval of
24 a plan submitted by a developer to a unit of local government
25 describing with reasonable certainty the type and intensity
26 of use for a specific parcel or parcels of property. The
27 plan may be in the form of, but need not be limited to, any
28 of the following: a preliminary or final planned unit
29 development plan, subdivision plat, development plan,
30 conditional or special use permit, or any other form of
31 development use approval, as utilized by a unit of local
32 government, provided that the development use approval
33 constitutes a final exercise of discretion by the unit of
34 local government.
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1 "Developer" means any person who undertakes new
2 development.
3 "Existing deficiencies" mean existing roads, streets, or
4 highways operating at a level of service below the adopted
5 level of service selected by the unit of local government, as
6 defined in the comprehensive road improvement plan.
7 "Assisted financing" means the financing of residential
8 development by the Illinois Housing Development Authority,
9 including loans to developers for multi-unit residential
10 development and loans to purchasers of single family
11 residences, including condominiums and townhomes.
12 (Source: P.A. 90-356, eff. 8-10-97.)".