Chapter 605 — ROADS AND BRIDGES

(605 ILCS 5/5-902) (from Ch. 121, par. 5-902) Sec. 5-902. General purposes. The General Assembly finds that the purpose of this legislation is to create the authority for units of local government to adopt and implement road improvement impact fee ordinances and resolutions. The …

(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…

(605 ILCS 5/5-904) (from Ch. 121, par. 5-904) Sec. 5-904. Authorization for the Imposition of an Impact Fee. No impact fee shall be imposed by a unit of local government within a service area or areas upon a developer for the purposes of improving, expanding, enlarging or constru…

(605 ILCS 5/5-905) (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 Secti…

(605 ILCS 5/5-906) (from Ch. 121, par. 5-906) Sec. 5-906. Impact Fee Ordinance or Resolution Requirements. (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, s…

(605 ILCS 5/5-907) (from Ch. 121, par. 5-907) Sec. 5-907. Advisory Committee. A road improvement impact fee advisory committee shall be created by the unit of local government intending to impose impact fees. The Advisory Committee shall consist of not less than 10 members and no…

(605 ILCS 5/5-908) (from Ch. 121, par. 5-908) Sec. 5-908. Duties of the Advisory Committee. The Advisory Committee shall serve in an advisory capacity and shall have the following duties: (1) Advise and assist the unit of local government by recommending proposed land use assumpt…

(605 ILCS 5/5-909) (from Ch. 121, par. 5-909) Sec. 5-909. Unit of Local Government to Cooperate with the Advisory Committee. The unit of local government shall make available to the Advisory Committee all professional reports in relation to the development and implementation of l…

(605 ILCS 5/5-910) (from Ch. 121, par. 5-910) Sec. 5-910. Comprehensive Road Improvement Plan. Each unit of local government intending to impose an impact fee shall prepare a comprehensive road improvement plan. The plan shall be prepared by persons qualified in fields relating t…

(605 ILCS 5/5-911) (from Ch. 121, par. 5-911) Sec. 5-911. Assessment of Impact Fees. Impact fees shall be assessed by units of local government at the time of final plat approval or when the building permit is issued when no plat approval is necessary. No impact fee shall be asse…

(605 ILCS 5/5-912) (from Ch. 121, par. 5-912) Sec. 5-912. Payment of Impact Fees. In order to minimize the effect of impact fees on the person paying the fees, the following methods of payment shall be used by the unit of local government in collecting impact fees. Impact fees im…

(605 ILCS 5/5-913) (from Ch. 121, par. 5-913) Sec. 5-913. Impact Fees to be Held in Interest Bearing Accounts. All impact fees collected pursuant to this Division shall be deposited into interest bearing accounts designated solely for such funds for each service area. All interes…

(605 ILCS 5/5-914) (from Ch. 121, par. 5-914) Sec. 5-914. Expenditures of Impact Fees. Impact fees shall only be expended on those road improvements within the service area or areas as specified in the comprehensive road improvement plan, as updated from time to time. Impact fees…

(605 ILCS 5/5-915) (from Ch. 121, par. 5-915) Sec. 5-915. Comprehensive Road Improvement Plan Amendments and Updates. The unit of local government imposing an impact fee may amend the comprehensive road improvement plan no more than once per year, provided the cumulative amendmen…

(605 ILCS 5/5-916) (from Ch. 121, par. 5-916) Sec. 5-916. Refund of Impact Fees. All impact fees collected by a unit of local government shall be refunded to the person who paid the fee or to that person's successor in interest whenever the unit of local government fails to encum…

(605 ILCS 5/5-917) (from Ch. 121, par. 5-917) Sec. 5-917. Appeals Process. Any person paying an impact fee shall have the right to contest the land use assumptions, the development and implementation of the comprehensive road improvement plan, the imposition of impact fees, the p…

(605 ILCS 5/5-917.1) Sec. 5-917.1. Repeal of road improvement impact fee by ordinance or resolution. If DuPage County has adopted and implemented a road improvement impact fee by ordinance or resolution and repeals the ordinance or resolution, the collected fees, along with any a…

(605 ILCS 5/5-918) (from Ch. 121, par. 5-918) Sec. 5-918. Transition Clauses. (a) Conformance of Existing Ordinances. A unit of local government which currently has in effect an impact fee ordinance or resolution shall have not more than 12 months from July 26, 1989 to bring its …

(605 ILCS 5/5-919) (from Ch. 121, par. 5-919) Sec. 5-919. Home Rule Preemption. A home rule unit may not impose road improvement impact fees in a manner inconsistent with this Division. This Division is a limitation under subsection (i) of Section 6 of Article VII of the Illinois…

(605 ILCS 5/6-101) (from Ch. 121, par. 6-101) Sec. 6-101. Roads which are part of the township and district road system are under the jurisdiction of the several road districts in which they are located, subject to such supervision by the county and the Department as is provided …

(605 ILCS 5/6-102) (from Ch. 121, par. 6-102) Sec. 6-102. Each township of the several counties under township organization, for the purposes of this Code, shall be considered and is called a road district for all purposes relating to the construction, repair, maintenance, financ…

(605 ILCS 5/6-103) (from Ch. 121, par. 6-103) Sec. 6-103. In counties not under township organization the road districts in existence under the provisions of law immediately prior to the effective date of this Code shall be continued in existence until the same shall be altered i…

(605 ILCS 5/6-104) (from Ch. 121, par. 6-104) Sec. 6-104. Whenever the territory of any municipality is a part of a road district in a county not under township organization, and shall by resolution of its council or its president and board of trustees request the county board to…

(605 ILCS 5/6-105) (from Ch. 121, par. 6-105) Sec. 6-105. The county board in counties not under township organization shall have full and complete power and jurisdiction to alter the boundaries of road districts, create new road districts and to consolidate road districts in the…

(605 ILCS 5/6-106) (from Ch. 121, par. 6-106) Sec. 6-106. The corporate name of each road district in counties not under township organization shall be "Road District No. .... of .... County" and all actions by or against such district shall be in its corporate name. (Source: Law…

(605 ILCS 5/6-107) (from Ch. 121, par. 6-107) Sec. 6-107. Road districts have corporate capacity to exercise the powers granted thereto, or necessarily implied and no others. They have power: (1) to sue and be sued, (2) to acquire by purchase, gift or legacy, and to hold property…

(605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1) Sec. 6-107.1. Road districts may borrow money from any bank or other financial institution or, in a township road district and with the approval of the town board of trustees, from the town fund, provided such money shall be repai…

(605 ILCS 5/6-108) (from Ch. 121, par. 6-108) Sec. 6-108. Any two or more townships in any county under township organization may be consolidated into a consolidated township road district for all purposes relating to the construction, repair, maintenance and supervision of roads…

(605 ILCS 5/6-109) (from Ch. 121, par. 6-109) Sec. 6-109. The proposition shall be in substantially the following form: -------------------------------------------------------------- Shall.... Township and.... Township of.... County, Illinois, YES be consolidated into a consolida…

(605 ILCS 5/6-110) (from Ch. 121, par. 6-110) Sec. 6-110. For all purposes relating to the construction, repair, maintenance and supervision of roads in all counties, other than counties in which a county unit road district has been established, the several types of road district…

(605 ILCS 5/6-111) (from Ch. 121, par. 6-111) Sec. 6-111. The territory within any county having less than 500,000 inhabitants may be organized into a county unit road district for all purposes relating to the construction, repair, maintenance and supervision of district roads in…

(605 ILCS 5/6-112) (from Ch. 121, par. 6-112) Sec. 6-112. In each road district, except in a county unit road district and except in municipalities that have been created a road district, there shall be elected a highway commissioner in the manner provided in this Code. The highw…

(605 ILCS 5/6-113) (from Ch. 121, par. 6-113) Sec. 6-113. In each road district comprised of a single township, the township clerk shall be ex-officio the clerk for the highway commissioner. In each consolidated township road district the road district clerk shall be selected by …

(605 ILCS 5/6-114) (from Ch. 121, par. 6-114) Sec. 6-114. In each road district comprised of a single township, the supervisor of such township shall be ex-officio treasurer for the road district. In each consolidated township road district the treasurer shall be selected by the …

(605 ILCS 5/6-114.5) Sec. 6-114.5. Attestation to funds endorsed by the treasurer. If a road district treasurer issues a payout from the road district's treasury or the township treasury, the road district clerk shall attest to all moneys paid out. (Source: P.A. 100-983, eff. 1-1…

(605 ILCS 5/6-115) (from Ch. 121, par. 6-115) Sec. 6-115. (a) Except as provided in Section 10-20 of the Township Code or subsections (b) and (c), no person shall be eligible to the office of highway commissioner or clerk unless he shall be a legal voter and has been one year a r…

(605 ILCS 5/6-116) (from Ch. 121, par. 6-116) Sec. 6-116. Except as otherwise provided in this Section with respect to highway commissioners of township and consolidated township road districts, at the election provided by the general election law in 1985 and every 4 years therea…

(605 ILCS 5/6-117) (from Ch. 121, par. 6-117) Sec. 6-117. In all counties not under township organization the election shall be held at the election provided by the general election law for road district clerks and highway commissioners. Said election shall be held in accordance …

(605 ILCS 5/6-118) (from Ch. 121, par. 6-118) Sec. 6-118. Every person elected or appointed to the office of highway commissioner, and to consolidated township road district clerk in counties under township organization and to district clerk in counties not under township organiz…

(605 ILCS 5/6-119) (from Ch. 121, par. 6-119) Sec. 6-119. When the term of any highway commissioner or clerk shall expire, and other persons shall be elected or appointed to such office, it shall be the duty of such successor, immediately after he shall have entered upon the duti…

(605 ILCS 5/6-120) (from Ch. 121, par. 6-120) Sec. 6-120. In counties under township organization the provisions of law applicable to resignations from township offices and the filling of vacancies therein, and the making of a temporary appointment in case a township officer is i…

(605 ILCS 5/6-121) (from Ch. 121, par. 6-121) Sec. 6-121. In counties not under township organization the following provisions shall be applicable relating to vacancies in road district offices: Whenever any district fails to elect the proper number of district officers to which …

(605 ILCS 5/6-122) (from Ch. 121, par. 6-122) Sec. 6-122. When the electors in any townships have voted for the consolidation of such townships into a consolidated township road district for road purposes the county clerk of such county shall conduct an election for the selection…

(605 ILCS 5/6-123) (from Ch. 121, par. 6-123) Sec. 6-123. When the electors in any townships have voted for the consolidation of such townships into a consolidated township road district for road purposes, the supervisors and township clerks in the respective townships so consoli…

(605 ILCS 5/6-124) (from Ch. 121, par. 6-124) Sec. 6-124. Upon the election or selection and qualification of the first highway commissioner, clerk and treasurer of a consolidated township road district the highway commissioners of the respective townships so consolidated shall d…

(605 ILCS 5/6-125) (from Ch. 121, par. 6-125) Sec. 6-125. In any county under the commission form of government in which a county unit road district is established, as of the first Tuesday in April after the holding of such election, the county superintendent of highways shall ta…

(605 ILCS 5/6-126) (from Ch. 121, par. 6-126) Sec. 6-126. The property and equipment delivered to the county superintendent of highways in conjunction with the establishment of a county unit road district shall be appraised and its fair value determined by the county superintende…

(605 ILCS 5/6-127) (from Ch. 121, par. 6-127) Sec. 6-127. In any county in which a county unit road district is established, the county unit district roads shall be constructed, maintained and repaired by the county superintendent of highways, subject to the direction of the coun…

(605 ILCS 5/6-129) (from Ch. 121, par. 6-129) Sec. 6-129. The county superintendent of highways shall prepare a separate annual budget for the county unit road district and submit the budget to the county board not later than the date provided by law for publication of the annual…

(605 ILCS 5/6-130) (from Ch. 121, par. 6-130) Sec. 6-130. Road district abolishment. Notwithstanding any other provision of this Code to the contrary, no township road district may continue in existence if the roads forming a part of the district do not exceed a total of 4 center…