(a) An impact fee ordinance or resolution shall satisfy the following 2 requirements:
        (1) The construction, improvement, expansion or
    
enlargement of new or existing roads, streets, or highways for which an impact fee is imposed must be specifically and uniquely attributable to the traffic demands generated by the new development paying the fee.
        (2) The impact fee imposed must not exceed a
    
proportionate share of the costs incurred or the costs that will be incurred by the unit of local government in the provision of road improvements to serve the new development. The proportionate share is the cost specifically attributable to the new development after the unit of local government considers the following: (i) any appropriate credit, offset or contribution of money, dedication of land, construction of road improvements or traffic reduction techniques; (ii) 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 (iii) all other available sources of funding road improvements.
    (b) In determining the proportionate share of the cost of road improvements to be paid by the developer, the following 8 factors shall be considered by the unit of local government imposing the impact fee:

Terms Used In Illinois Compiled Statutes 605 ILCS 5/5-906

  • Developer: means any person who undertakes new development. See Illinois Compiled Statutes 605 ILCS 5/5-903
  • 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. See Illinois Compiled Statutes 605 ILCS 5/5-903
  • Person: means any individual, firm, partnership, association, public or private corporation, organization or business, charitable trust, or unit of local government. See Illinois Compiled Statutes 605 ILCS 5/5-903
  • 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. See Illinois Compiled Statutes 605 ILCS 5/5-903
  • 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. See Illinois Compiled Statutes 605 ILCS 5/5-903
  • 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. See Illinois Compiled Statutes 605 ILCS 5/5-903
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.

        (1) The cost of existing roads, streets and highways
    
within the service area or areas.
        (2) The means by which existing roads, streets and
    
highways have been financed to cure existing deficiencies.
        (3) The extent to which the new development being
    
assessed the impact fees has already contributed to the cost of improving existing roads, streets or highways through taxation, assessment, or developer or landowner contributions paid in prior years.
        (4) The extent to which the new development will
    
contribute to the cost of improving existing roads, streets or highways in the future.
        (5) The extent to which the new development should be
    
credited for providing road improvements, without charge to other properties within the service area or areas.
        (6) Extraordinary costs, if any, incurred in
    
servicing the new development.
        (7) Consideration of the time and price differential
    
inherent in a fair comparison of fees paid at different times.
        (8) The availability of other sources of funding road
    
improvements, including but not limited to user charges, general tax levies, intergovernmental transfers, and special taxation or assessments.
    (c) An impact fee ordinance or resolution shall provide for the calculation of an impact fee in accordance with generally accepted accounting practices. An impact fee shall not be deemed invalid because payment of the fee may result in a benefit to other owners or developers within the service area or areas, other than the person paying the fee.
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