Public Act 90-0356 of the 90th General Assembly
Public Act 90-0356
HB0322 Enrolled LRB9001761NTsb
AN ACT to amend the Illinois Highway Code by changing
Section 5-903.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Highway Code is amended by
changing Section 5-903 as follows:
(605 ILCS 5/5-903) (from Ch. 121, par. 5-903)
Sec. 5-903. Definitions. As used in this Division:
"Units of local government" mean counties with a
population over 400,000 and all home rule municipalities.
"Road improvement impact fee" means any charge or fee
levied or imposed by a unit of local government as a
condition to the issuance of a building permit or a
certificate of occupancy in connection with a new
development, when any portion of the revenues collected is
intended to be used to fund any portion of the costs of road
improvements.
"Road improvements" mean the improvement, expansion,
enlargement or construction of roads, streets, or highways
under the jurisdiction of units of local government,
including but not limited to bridges, rights-of-way, and
traffic control improvements owned and operated by such units
of local government. Road improvements may also include the
improvement, expansion, enlargement or construction of roads,
ramps, streets or highways under the jurisdiction of the
State of Illinois, provided an agreement providing for the
construction and financing of such road improvements has been
reached between the State and the unit of local government
and incorporated into the comprehensive road improvement
plan. Road improvements shall not include tollways but may
include tollway ramps.
"New development" means any residential, commercial,
industrial or other project which is being newly constructed,
reconstructed, redeveloped, structurally altered, relocated,
or enlarged, and which generates additional traffic within
the service area or areas of the unit of local government.
"New development" shall not include any new development for
which site specific development approval has been given by a
unit of local government within 18 months before the first
date of publication by the unit of local government of a
notice of public hearing to consider the land use assumptions
relating to the development of a comprehensive road
improvement plan and imposition of impact fees; provided,
however, that a building permit for such new development is
issued within 18 months after the date of publication of such
notice.
"Roads, streets or highways" mean any roads, streets or
highways which have been designated by the unit of local
government in the comprehensive road improvement plan
together with all necessary appurtenances, including but not
limited to bridges, rights-of-way, tollway ramps, and traffic
control improvements.
"Comprehensive road improvement plan" means a plan
prepared by the unit of local government in consultation with
the Advisory Committee.
"Advisory Committee" means the group of members selected
from the public and private sectors to advise in the
development and implementation of the comprehensive road
improvement plan, and the periodic update of the plan.
"Person" means any individual, firm, partnership,
association, public or private corporation, organization or
business, charitable trust, or unit of local government.
"Land use assumptions" means a description of the service
area or areas and the roads, streets or highways incorporated
therein, including projections relating to changes in land
uses, densities and population growth rates which affect the
level of traffic within the service area or areas over a 20
10 year period of time.
"Service area" means one or more land areas within the
boundaries of the unit of local government which has been
designated by the unit of local government in the
comprehensive road improvement plan.
"Residential development" means a house, building, or
other structure that is suitable or capable of being used for
residential purposes.
"Nonresidential development" means a building or other
structure that is suitable or capable of being used for all
purposes other than residential purposes.
"Specifically and uniquely attributable" means that a new
development creates the need, or an identifiable portion of
the need, for additional capacity to be provided by a road
improvement. Each new development paying impact fees used to
fund a road improvement must receive a direct and material
benefit from the road improvement constructed with the impact
fees paid. The need for road improvements funded by impact
fees shall be based upon generally accepted traffic
engineering practices as assignable to the new development
paying the fees.
"Proportionate share" means the cost of road improvements
that are specifically and uniquely attributable to a new
development after the consideration of the following factors:
the amount of additional traffic generated by the new
development, any appropriate credit or offset for
contribution of money, dedication of land, construction of
road improvements or traffic reduction techniques, payments
reasonably anticipated to be made by or as a result of a new
development in the form of user fees, debt service payments,
or taxes which are dedicated for road improvements and all
other available sources of funding road improvements.
"Level of service" means one of the categories of road
service as defined by the Institute of Transportation
Engineers which shall be selected by a unit of local
government imposing the impact fee as the adopted level of
service to serve existing development not subject to the fee
and new development, provided that the level of service
selected for new development shall not exceed the level of
service adopted for existing development.
"Site specific development approval" means an approval of
a plan submitted by a developer to a unit of local government
describing with reasonable certainty the type and intensity
of use for a specific parcel or parcels of property. The
plan may be in the form of, but need not be limited to, any
of the following: a preliminary or final planned unit
development plan, subdivision plat, development plan,
conditional or special use permit, or any other form of
development use approval, as utilized by a unit of local
government, provided that the development use approval
constitutes a final exercise of discretion by the unit of
local government.
"Developer" means any person who undertakes new
development.
"Existing deficiencies" mean existing roads, streets, or
highways operating at a level of service below the adopted
level of service selected by the unit of local government, as
defined in the comprehensive road improvement plan.
"Assisted financing" means the financing of residential
development by the Illinois Housing Development Authority,
including loans to developers for multi-unit residential
development and loans to purchasers of single family
residences, including condominiums and townhomes.
(Source: P.A. 86-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.