605 ILCS 5/5-905
2021 Illinois Compiled Statutes|Chapter 605 - ROADS AND BRIDGES|605 ILCS 5/ - Illinois Highway Code.|Article 5 - County Administration Of Highways

 (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     HEARING ON LAND USE ASSUMPTIONS RELATING TO THE DEVELOPMENT OF A COMPREHENSIVE ROAD IMPROVEMENT PLAN AND IMPOSITION OF IMPACT FEES".(2) The date, time and location of the public hearing.(3) A statement that the purpose of the hearing is to     consider proposed  land use  assumptions within the service area or areas that will be used to develop a comprehensive road improvement plan.(4) A general description of the service area or     areas within the unit of local government being affected by the proposed land use assumptions.(5) A statement that the unit of local government     shall make available to the public upon request the following: proposed land use assumptions, an easily understandable and detailed map of the service area or areas to which the proposed land use assumptions shall apply, along with all other available information relating to the proposed land use assumptions.(6) A statement that any member of the public     affected by the proposed land use assumptions shall have the right to appear at the public hearing and present evidence in support of or against the proposed land use assumptions.(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.)