605 ILCS 5/5-903
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. 5-903)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  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. 90-356, eff. 8-10-97.)