Transportation Impact Fee Bill
Passes Illinois Legislature

By Representative JAMES KEANE

Legislation that authorizes municipalities to assess fees for roadway construction in Lake and DuPage counties has passed both chambers of the Illinois legislature.

"After four months of negotiations between Lake and DuPage, home rule municipalities, developers, home builders, realtors, and lawmakers, we have put together an agreeable bill for all parties that includes guidelines to assure both procedural and substantive due process in the assessment and imposition of impact fees," stated Representative James Keane, Chair of the Speaker's Task Force on Impact Fees.

The bill provides a framework for intergovernmental cooperation between the state, counties and home rule municipalities in the planning and construction of roadways in high growth areas and in the imposition and construction of transportation impact fees.

The legislature had passed a bill two years ago that authorized Lake and DuPage counties to impose and collect these fees but there were no guidelines to assure the fees would be fair and equitable.

"We limited impact fee authorization to home rule municipalities and Lake and DuPage counties which conformed to the original statute," Keane said.

Built into the legislation is a strict standard of law that requires the improvements that are built with the fees paid to be specifically and uniquely attributable to each new development paying the fees. "Each new development must receive a direct and substantial benefit from the roadway improvement in proportion to the amount of traffic generated by that development," Keane explained.

The legislation requires municipalities to provide a comprehensive road improvement plan and a process involving a series of public hearings before the impact fees are assessed.

"All those involved in the drafting of this legislation should be very proud of the finished product. I'm sure Governor Thompson will be eager to sign this bill so we can help the municipalities get their fee processes underway as soon as possible," Keane concluded. •

Page 18 / Illinois Municipal Review / July 1989