(605 ILCS 5/Art. 5 heading)
(605 ILCS 5/Art. 5 Div. 1 heading)
(605 ILCS 5/5-101) (from Ch. 121, par. 5-101)
Sec. 5-101.
The county board of each county shall have the powers and
duties stated in Sections 5-101.1 to 5-101.11, inclusive.
(Source: Laws 1965, p. 1000.)
(605 ILCS 5/5-101.1) (from Ch. 121, par. 5-101.1)
Sec. 5-101.1.
To have general supervision of all county highways in the
county, subject to the provisions of Section 4-101.1.
(Source: P.A. 85-853.)
(605 ILCS 5/5-101.2) (from Ch. 121, par. 5-101.2)
Sec. 5-101.2.
To levy taxes and expend funds, either general or special, in
accordance with law for highway purposes.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.3) (from Ch. 121, par. 5-101.3)
Sec. 5-101.3.
To construct any county highway, including the lighting
thereof, in the discretion of the county board out of any funds available
for such purpose, and to construct State highways, provided that any
construction of a State highway shall be according to plans and
specifications approved by the Department.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.4) (from Ch. 121, par. 5-101.4)
Sec. 5-101.4.
To appropriate funds to aid in the construction of township
and district highways in any part of the county.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.5) (from Ch. 121, par. 5-101.5)
Sec. 5-101.5.
When in any county of 500,000 inhabitants or more bonds of
the county have been authorized by vote of the people of the county for the
purpose of aiding in the construction of highways, to employ the proceeds
of such bonds in aiding in the construction or widening of any highways in
such county, including State and county highways therein.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.6) (from Ch. 121, par. 5-101.6)
Sec. 5-101.6.
To appoint a county superintendent of highways in the manner
provided by Division 2 of this Article.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.7) (from Ch. 121, par. 5-101.7)
Sec. 5-101.7.
To accept, receive and use as county funds for the purpose of
constructing county highways money turned over to the county by a road
district as provided by Section 5-606 of this Code, or by a municipality,
or by any person; and to accept and use donations from any source for the
purpose of constructing any highway within the county.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.8) (from Ch. 121, par. 5-101.8)
Sec. 5-101.8.
Whenever any county highway is laid out, widened or altered
in accordance with this Article, to cause a plat thereof to be made and
recorded in the office of the recorder of the county (or in the
office of the registrar of titles for the county if appropriate) in
accordance with the provisions of Section 9 of "An Act to revise the law in
relation to plats", approved March 21, 1874, as
amended.
(Source: P.A. 83-358.)
(605 ILCS 5/5-101.9) (from Ch. 121, par. 5-101.9)
Sec. 5-101.9.
To exercise any other power and perform any other duty
prescribed in this Code.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-101.10) (from Ch. 121, par. 5-101.10)
Sec. 5-101.10.
To place, erect and maintain on county highways all traffic
control devices and signs authorized by this Code or by "The Illinois
Vehicle Code", approved September 29, 1969, as amended.
(Source: P.A. 83-333.)
(605 ILCS 5/5-101.11) (from Ch. 121, par. 5-101.11)
Sec. 5-101.11.
Whenever it considers such purchase or lease
advisable, to purchase or lease highway construction and
maintenance equipment under contracts providing for payment
in installments over a period of time of not more than
10 years with interest on the unpaid balance owing not to
exceed the amount permitted pursuant to "An Act to authorize
public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended.
(Source: P.A. 85-293.)
(605 ILCS 5/5-102) (from Ch. 121, par. 5-102)
Sec. 5-102.
Upon the effective date of this Code the highways comprising
the county highway system in each county are those highways that, on such
date, are defined as county highways by Section 2-102 and 2-204 of this
Code.
Additions to and deletions from the county highway system may be made in
the manner prescribed in this Code. Highways added to the county highway
system shall be as nearly as possible highways connecting the principal
municipalities and trading points in each county with each other, and also
with the principal municipalities and trading points in other counties.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-103) (from Ch. 121, par. 5-103)
Sec. 5-103.
Immediately after the effective date of this Code, the
Department shall indicate the highways in each county highway system under
the provisions of this Code on such effective date by marking them upon a
map which shows the public roads and section lines in the county and shall
file such map with the county clerk. The county clerk shall enter the map
among his official records, and no changes in the county highway routes
indicated thereon shall be made except when a change has been made in the
county highway system in accordance with the provisions of Section 5-105
of this Code or when a county highway or part of it is vacated or relocated
in accordance with Sections 5-109 or 5-110 of this Code.
(Source: Laws 1967, p. 3388.)
(605 ILCS 5/5-104) (from Ch. 121, par. 5-104)
Sec. 5-104.
Except as otherwise provided in this Code, no mileage shall be
added to a county highway system after the effective date of this Code, if
such addition causes the total mileage of highways in the county highway
system of the county to exceed 35% of the total rural public highway
mileage in a county having less than 500,000 inhabitants or 75% of the
total rural public highway mileage in a county having 500,000 inhabitants
or more. When 80% of the maximum permissible county highway system mileage
in a county is of proper width and alignment and has been satisfactorily
improved with oiled earth, gravel, macadam, portland cement concrete,
bituminous concrete or brick on a portland cement concrete base, or other
hard-surfaced type of pavement, patented or otherwise, (including surface
or subsurface drainage, grading, bridges and culverts thereon having
adequate design and roadway width and satisfactory horizontal and vertical
alignment and capable of sustaining highway traffic with safety), as
determined by the Department, such county may, in the manner provided by
Section 5-105, add to its existing highways in the county highway system,
additional highway mileage to the extent of 10% of the permissible highway
mileage of county highways in the county.
The total rural public highway mileage in a county shall be determined
and published by the Department.
In determining the maximum permissible county highway system mileage of
any county under this Section the mileage of county highways within the
corporate limits of a municipality shall not be considered.
(Source: P.A. 85-784; 85-832; 85-854.)
(605 ILCS 5/5-105) (from Ch. 121, par. 5-105)
Sec. 5-105.
Temporary closings of county highways, or changes in highways
making up a part of the county highway system, including additions to and
deletions from such system, may be made by resolution of the county board,
subject to the approval of the Department. Highways permanently removed
from the county highway system which do not become part of the State
highway system shall become part of the township and district road system
if in a rural area, or the municipal street system if in a municipality.
Such permanent changes shall be indicated on the map provided for by
Section 5-103 of this Code or a corrected map may be substituted therefor.
The provisions of this Section do not apply to the vacation or relocation
of a county highway or part of it pursuant to Sections 5-107, 5-109 or
5-110 of this Code. However, a change occasioned by the vacation or
relocation of a county highway or part of it pursuant to Sections 5-107,
5-109 or 5-110 of this Code shall be indicated on the map provided for by
Section 5-103 in the same manner as changes made under this Section.
(Source: Laws 1967, p. 3388.)
(605 ILCS 5/5-106) (from Ch. 121, par. 5-106)
Sec. 5-106.
The county board may, by resolution approved by the Department,
designate a route on existing streets in a municipality as a municipal
extension of a county highway or may designate a route for a municipal
extension of a county highway on a new location in a municipality. Such
designation shall be made so as to form a continuous route for a county
highway through the municipality or so as to end a route for a county
highway at a point within the municipality, as the case may be, as will
best serve traffic needs.
Routes designated as municipal extensions of a county highway as
provided in this Section shall not, by virtue of such designation, become a
part of the county highway system. However, for the purposes of preparing
plans and specifications, acquisition of right-of-way, the performance of
all things necessary to the commencement of a construction or improvement
project on a part or all of such a route by the county and the use of
county highway or motor fuel tax funds therefor, such route shall be
treated and considered as though it were then a part of the county highway
system.
Upon the commencement by the county of a construction or improvement
project on a part or all of a route so designated as such a municipal
extension, the part so to be constructed or improved shall thereupon become
a part of the county highway system.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-107) (from Ch. 121, par. 5-107)
Sec. 5-107. Relocations of county highways may be made during the
improvement thereof according to plans approved by the county board and the
Department. Upon completion of the relocated highway and its opening to
public travel, the new location shall become the location of the county
highway and the county shall have full authority over the relocated highway and that portion of the original location not incorporated into the new location. For any portion of the original location not incorporated into the new location, the county board, by the process established by law, may transfer road jurisdiction to another highway authority or vacate, transfer, or sell the property interest.
Pending the completion and opening of the relocation, the county
board shall have full authority over the existing county highway and shall
also have power to lay out the relocation, acquire rights-of-way, by
condemnation or otherwise, and take whatever action is necessary to effect
the laying out, improving, and opening of the county highway upon the
relocation.
(Source: P.A. 96-1001, eff. 1-1-11.)
(605 ILCS 5/5-108) (from Ch. 121, par. 5-108)
Sec. 5-108.
The Department shall assign a number to each county highway in
each county and all county highways shall always be designated by a number.
The Department may from time to time renumber such county highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-109) (from Ch. 121, par. 5-109)
Sec. 5-109.
When the county board determines that the public and economic
interest is served by vacating a county highway or part of it, it may
vacate that highway or part of it by resolution adopted by the favorable
vote of 2/3 of the members of the county board, subject to the approval of
the Department. The vote of each member shall be entered on the records of
the county board. Prior to acting on such vacation resolution, the county
board shall give at least 10 days' notice of the time and place of the
county board meeting at which said resolution is to be considered, by
publication in at least one newspaper published in the township or road
district, or in the absence of such published newspaper, in at least one
newspaper of general circulation in the township or road district, or in
the absence of such generally circulated newspaper at the time prescribed
for notice, by posting notices in 5 of the most public places in the
township or road district in the vicinity of the road to be vacated.
The resolution may provide that it is not effective until the owners of
property abutting on the highway or part of it to be vacated pay
compensation in an amount which, in the judgment of the county board, is
not in excess of the fair market value of a similar acreage abutting the
highway. If there are public service facilities on the highway or part of
it, the resolution shall reserve to the public body or public utility
owning the facilities, the property, rights of way and easements existing
at the time of vacating the highway for the maintenance, renewal and
reconstruction of the same.
The determination of the county board that the nature and extent of the
public and economic interest to be served warrants the vacation,
reconstruction or relocation pursuant to this Section or Section 5-110 of
the Code of any county highway or part of it, is conclusive, and the
passage of the resolution is sufficient evidence of that determination,
whether recited in the resolution or not. The relief to the public from
further burden and responsibility of maintaining a highway or part of it
constitutes a public and economic interest authorizing the vacation or
relocation.
When property is damaged by the vacation of a county highway or part of
it, the damage shall be ascertained and paid as provided by law.
(Source: Laws 1967, p. 3388.)
(605 ILCS 5/5-110) (from Ch. 121, par. 5-110)
Sec. 5-110.
Upon the vacation of a county highway or part of it, the county
board shall cause a legal description of the highway or the part of it
vacated to be recorded in the office of the recorder. The recorder
shall mark any recorded plat of the highway in a manner that shows the
vacation and indicates the book and page number where the description is
recorded.
The provisions of Section 5-109 and this Section 5-110 shall not apply
where the county board has ordered a highway or part thereof to be closed
for a specified period of time, to be reconstructed thereafter. The
provisions of Section 5-109 shall not apply where the county board has
ordered a highway or part thereof to be vacated permanently to be
reconstructed and dedicated in a new location.
(Source: P.A. 83-358.)
(605 ILCS 5/Art. 5 Div. 2 heading)
(605 ILCS 5/5-201) (from Ch. 121, par. 5-201)
Sec. 5-201.
In each county with a population greater than
3,000,000, there shall be a county superintendent of highways. In each
county with a population less than 3,000,000, there shall be a county
engineer. On the effective date of this amendatory Act of 1991, in
every county with a population less than 3,000,000, the county engineer
shall succeed to all the powers and duties enjoyed by the county
superintendent of highways immediately before that date. On and after the
effective date of this amendatory Act of 1991, "county superintendent of
highways" means "county engineer" or "county superintendent of highways"
wherever it appears in this Code, unless a contrary intention is clearly
indicated.
In the appointment of a county engineer or superintendent of highways,
the county board and the Department shall proceed as follows:
As between persons equally competent and qualified to hold the office
of county engineer or superintendent of highways, preference in the
appointment shall be given residents of the county.
Any 2 or more counties may, with the approval of the Department,
appoint the same person as county engineer or superintendent of
highways for each of the counties and may by agreement provide for the
proportionate share of the salary and expenses of the appointee to be borne
by each county. However, if a county board desires to appoint as county
engineer or superintendent of highways of that county a person who at that
time is the county engineer or superintendent of highways of another
county, the person shall not be required to take the examination given by
the Department and shall not be required to accept the appointment without
his consent.
No part of any moneys appropriated by the State for the building and
maintaining of county highways shall be apportioned to any county unless
a county engineer or superintendent of highways has been appointed.
(Source: P.A. 86-1475; 87-217; 87-895.)
(605 ILCS 5/5-201.1) (from Ch. 121, par. 5-201.1)
Sec. 5-201.1.
In each county of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, there shall be a County Division of
Transportation with a county director of the Division of Transportation.
The chairman of the county board, with the advice and consent of the
county board, shall appoint a director from a list of qualified applicants.
The appointee shall have demonstrated experience in the area of management
and administration.
The county board shall notify the Department of the appointment of the director.
(Source: P.A. 84-756.)
(605 ILCS 5/5-202) (from Ch. 121, par. 5-202)
Sec. 5-202.
(a) Except as provided under subsection (b) of this
Section the term of office of each county superintendent of highways is
6 years and until his successor is appointed and qualified. He shall
receive a salary fixed by the county board, and shall also be allowed his
actual traveling and other expenses incurred in the discharge of the duties
of his office, his salary and expenses to be payable out of any general or
highway funds of the county. The county board shall provide all equipment
and personnel reasonably required by the county superintendent of highways
in the discharge of the duties of his office.
(b) Each county superintendent of highways appointed in a county of
more than 600,000 inhabitants but less than 3,000,000 inhabitants shall
serve at the pleasure of the county board beginning with the first
appointee to take office after the expiration of the remaining term of the
county superintendent of highways in office on the effective date of this
amendatory Act of 1985.
(Source: P.A. 84-756.)
(605 ILCS 5/5-202.1) (from Ch. 121, par. 5-202.1)
Sec. 5-202.1.
In counties of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, the county director of the Division of
Transportation shall hold the position as an employee of the county board.
(Source: P.A. 84-756.)
(605 ILCS 5/5-203) (from Ch. 121, par. 5-203)
Sec. 5-203.
Any county superintendent of highways may be removed from
office by the county board for incompetence, neglect of duty or malfeasance
in office. In any proceeding to remove a county superintendent of highways
from office a petition shall be filed with the county board naming such
officer as respondent and setting forth the particular facts upon which
the request for removal is based. The county board shall set the matter
for hearing not earlier than 5 days after service upon the respondent, which
service shall be the same as in civil actions. The county board shall thereupon
proceed to a determination of the charges and shall enter an order either
dismissing the charge against the county superintendent of highways or removing
him from office.
The decision of the county board is subject to judicial review under the
Administrative Review Law as now or hereafter amended.
(Source: P.A. 82-783.)
(605 ILCS 5/5-203.1) (from Ch. 121, par. 5-203.1)
Sec. 5-203.1.
In counties of more than 600,000 inhabitants but less than
3,000,000 inhabitants, any county director of the Division of Transportation
shall serve at the pleasure of the appointing authority.
(Source: P.A. 84-756.)
(605 ILCS 5/5-204) (from Ch. 121, par. 5-204)
Sec. 5-204.
Whenever the office of county superintendent of highways is
vacant, the county board may with the consent in writing of the Department
appoint any competent person as acting county superintendent of highways
until the vacancy is filled in the manner provided in Section 5-201.
The office shall not be deemed vacant except at the end of the
incumbent's 6 year term or in case of his death, his removal from office in
accordance with the provisions of Section 5-203, or his resignation
submitted in writing to the county board. However, if the incumbent enters
the military service of the United States, the county board may, with the
approval of the Department, appoint any competent person as acting county
superintendent of highways to perform the duties of the office until the
end of the incumbent's 6 year term or the discharge of the incumbent from
such service, whichever shall first occur.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-204.1) (from Ch. 121, par. 5-204.1)
Sec. 5-204.1.
In any county of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, the county board chairman may appoint any
competent person as acting director whenever a vacancy exists and until
such vacancy is filled as in Section 5-201.1.
(Source: P.A. 84-756.)
(605 ILCS 5/5-205) (from Ch. 121, par. 5-205)
Sec. 5-205.
Functions generally.
The county superintendent of highways
shall, subject to the general supervision of the county board and to the rules
and regulations of the Department, perform the functions stated in the
following Sections preceding Division 3.
(Source: P.A. 88-572, eff. 8-11-94.)
(605 ILCS 5/5-205.1) (from Ch. 121, par. 5-205.1)
Sec. 5-205.1.
Prepare or cause to be prepared, plans, specifications and
estimates for all bridges and culverts to be built by the county, or by one
or more road districts, and supervise the construction of all such bridges
and culverts. When the clear span length of the bridge or culvert is more
than 30 feet, the plans and specifications, before being finally adopted,
shall be submitted to the Department for approval.
(Source: Laws 1965, p. 2719.)
(605 ILCS 5/5-205.2) (from Ch. 121, par. 5-205.2)
Sec. 5-205.2.
Act for the county in all matters relating to the supervision of the
construction or maintenance of any highway constructed or maintained in
whole or in part at the expense of the county.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-205.3) (from Ch. 121, par. 5-205.3)
Sec. 5-205.3.
Advise the highway commissioners of the road districts
in his county, when requested in writing, and direct, as otherwise provided
in this code, the
highway commissioners of the road districts in his county, as to the
best methods of construction, repair, or maintenance of township and
district roads. The grades of such roads in such road districts shall be
constructed according to plans approved by the county superintendent of
highways.
(Source: P.A. 80-1444.)
(605 ILCS 5/5-205.4) (from Ch. 121, par. 5-205.4)
Sec. 5-205.4.
Upon the request of the highway commissioner of any road
district in the county, prepare or cause to be prepared all maps, plans,
specifications and estimates of cost needed in order to comply with the
provisions of Section 6-701.1 of this Code.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-205.5) (from Ch. 121, par. 5-205.5)
Sec. 5-205.5.
Supervise the construction or maintenance of all county
highways within the county.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-205.6) (from Ch. 121, par. 5-205.6)
Sec. 5-205.6.
Keep a record of all contracts or purchases of
materials, machinery or apparatus to be used in road construction in
excess of $5,000 approved by him in any road district as hereinafter
provided in this Code.
(Source: P.A. 81-693.)
(605 ILCS 5/5-205.7) (from Ch. 121, par. 5-205.7)
Sec. 5-205.7.
In counties in which a county unit road district has been
established, subject to the direction of the county board, act for the
county in all matters relating to the construction and maintenance of
county unit district roads.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-205.8) (from Ch. 121, par. 5-205.8)
Sec. 5-205.8.
Perform such other duties as may be prescribed by law and the
rules and regulations of the Department. Other than as above specifically
indicated, the county superintendent of highways and county director of
the Division of Transportation shall be regarded as a deputy to the
Department. However, no county superintendent of highways shall be required
without his consent, and the consent of the county board of the county in
whose employ he is, to perform services in any other county.
(Source: P.A. 84-756.)
(605 ILCS 5/5-205.9)
Sec. 5-205.9.
Report to road district treasurer.
If requested by the
treasurer of a road district in the county, the county superintendent of
highways shall report to the treasurer the balance, on the last day of each
6-month period ending on May 1 and November 1, of the road district's moneys
administered by the county superintendent of highways. The report shall be
made within 30 days after the end of each 6-month period. This Section applies
only to counties with a population less than 3,000,000.
(Source: P.A. 88-572, eff. 8-11-94.)
(605 ILCS 5/5-205.10)
Sec. 5-205.10. Discontinuance of a coterminous township. If township organization is discontinued as provided in Articles 27 and 28 of the Township Code, then the coterminous municipality shall assume the duties of highway commissioner under this Code.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
(605 ILCS 5/Art. 5 Div. 3 heading)
(605 ILCS 5/5-301) (from Ch. 121, par. 5-301)
Sec. 5-301.
In order to properly plan the utilization of motor fuel tax
funds each County Superintendent of Highways, except for those in a county
with a population of 185,000 or less, shall be required to develop and
update a 20 year long-range highway transportation plan. The plan shall
contain an estimate of revenues which will become available during that
period and a statement of intention with respect to the construction,
maintenance, and other related work to be done insofar as it is possible to
make such estimates. In addition, the long-range plan shall show the
location of existing county highways and the general corridors of future
highways, the projected future traffic usage on each highway for a 20 year
period, a tabulation showing the design standards and the geometric
features associated with different levels of traffic usage, and a listing of
the major improvements anticipated within 5 years of the date of each plan.
A copy of the plan shall be filed with the Secretary of the Department of
Transportation. A copy of the plan as it relates to each city over 5,000
population in the county shall be filed with the clerk of each
municipality. The initial plan shall be on file with designated agencies
by July 1, 1971, and shall be updated on an annual basis thereafter.
(Source: P.A. 85-853.)
(605 ILCS 5/Art. 5 Div. 4 heading)
(605 ILCS 5/5-401) (from Ch. 121, par. 5-401)
Sec. 5-401.
Subject to the general supervisory powers of the Department
under this Code, all highways in the county highway system shall be under
the direct control and supervision of the county board of the county in
which such county highways are located, and the county board shall repair,
maintain and construct such county highways by contract or with its own
forces.
However, gravel and macadam highways constructed or partially
constructed prior to July 1, 1929 as State aid roads under the provisions
of "An Act to revise the law in relation to roads and bridges", approved
June 27, 1913, as amended, and required to be maintained equally by the
county and the Department under the provisions of Section 32 of that Act
shall continue to be so maintained.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-402) (from Ch. 121, par. 5-402)
Sec. 5-402.
When motor fuel tax funds, federal aid road funds or other
funds received from the State are used to finance, in whole or in part, the
construction of a highway, or section thereof, by a county, supervision and
approval of such project by the Department is mandatory except as
hereinafter provided, and the county shall proceed in the manner set forth
in Section 5-403.
Any county may construct a county highway, or section thereof, without
supervision or approval of such project by the Department if no motor fuel
tax funds, federal aid road funds or other funds received from the State
are used to finance such construction. However, at the option of the county
and by proceeding in the manner set forth in Section 5-403, any county
highway construction project may be performed under the supervision of and
approval by the Department even though no motor fuel tax funds, federal aid
road funds or other funds received from the State are used to finance such
construction.
The Department, upon satisfying itself that the County Highway
Superintendent's Office in a county is adequately organized, staffed,
equipped and financed to discharge satisfactorily the duties and
requirements of this Section, may grant a county permission to construct or
maintain highways or sections thereof when such projects are financed in
whole or in part with any road funds received from the State except
Federal-aid funds, without approval and supervision of the Department,
providing the county will enter into an agreement of understanding with the
Department. The Department, in cooperation with the several counties, shall
establish the terms of the agreement of understanding to insure that the
funds are expended in a manner as prescribed by law and rules and
regulations deemed necessary by the Department. The approval and
supervision of the Department may be required anew if the Department
determines that a county which was exempted from such approval and
supervision has not satisfactorily complied with the terms of the agreement
of understanding.
(Source: P.A. 76-1850.)
(605 ILCS 5/5-403) (from Ch. 121, par. 5-403)
Sec. 5-403.
When any highway construction projects by a County are to be performed
under the supervision and approval of the Department the procedure shall be
as follows:
The county board shall, by one or more resolutions, specify the
particular section or sections of highway to be constructed and the amount
or amounts to be used for such construction. The resolution or resolutions
shall be submitted to the Department for its approval. One resolution may
be submitted for more than one project. When the resolution or resolutions
have been approved by the Department, the county shall cause surveys,
plans, specifications and estimates of such construction to be made and
submitted to the Department for approval.
Upon receiving such approval, the county may advertise for bids and let
contracts for such construction to the lowest responsible bidder; or with
the approval of the Department, do the work itself through its officers,
agents and employees. No contract shall be let without the approval of the
Department. The Department shall have general supervision of such
construction whether done by the county or by contract. Upon completion of
the construction, if it is found by the Department that such construction
has been in accordance with the specifications, plans, surveys, and
contracts (if the construction was by contract), the Department shall so
certify to the county.
(Source: P.A. 77-632.)
(605 ILCS 5/5-405) (from Ch. 121, par. 5-405)
Sec. 5-405.
County highways may be constructed or improved on county lines.
In case two counties desire to secure the construction or improvement of a
county highway situated upon or near the boundary line between them, the
respective county boards thereof may, by appropriate resolutions, initiate
proceedings therefor. To this end such county boards may, by concurring
resolutions, fix the portion of the total cost of construction which should
be borne by each county.
In all proceedings contemplating the construction or improvement of a
county line highway as herein provided, all acts of each county board
relative thereto, together with the result of any vote upon the question of
levying a tax or issuing bonds as provided herein, shall be communicated by
the county clerk of each county to the county clerk of the other county.
In case either county refuses to take the steps necessary to secure the
construction or improvement of such county line highway as herein provided,
then all prior proceedings relative thereto on the part of the other county
shall be regarded as suspended.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-406) (from Ch. 121, par. 5-406)
Sec. 5-406.
Where the county board of any county deems it necessary to
connect any county highway with any county or State highway situated within
an adjoining county, or to construct an interchange at the intersection
of any county, State, or interstate highway situated within an adjoining
county, the county board may by resolution of record request
the county board of the adjoining county to improve such connection to the
county line or construct such interchange, and the county board making
said request is authorized to turn
over to the adjoining county making such improvement or constructing the
interchange, such part of the cost
of the improvement or interchange as may be agreed upon between such
counties, subject to
the approval of the Department.
(Source: P.A. 85-136.)
(605 ILCS 5/5-407) (from Ch. 121, par. 5-407)
Sec. 5-407.
When a highway leading to a public ferry over a river which is
the boundary line between two counties, is subject to inundation and flood
damage, such highway in either or both of such counties may be constructed,
repaired or maintained by the adjoining counties, or either of them, or may
be partly constructed, repaired or maintained by both or either of such
counties.
The county boards of such adjoining counties may enter into a contract
as to the proportion of the expense of construction, repair or maintenance
to be borne by each, and such contracts shall be judicially enforceable;
or either county may construct or maintain, or assist in the
construction and maintenance of such highway in either or both counties.
(Source: P.A. 83-345.)
(605 ILCS 5/5-408) (from Ch. 121, par. 5-408)
Sec. 5-408.
The county board, with the approval of the corporate
authorities in the case of a municipality with a population of over 500,
and in its own discretion in the case of a municipality with a population
of 500 or less, may construct or maintain with county funds a highway or
street, or part thereof, lying within the corporate limits of any
municipality within the county, to connect or complete a county highway
located to the corporate limits of such municipality.
(Source: Laws 1965, p. 1070.)
(605 ILCS 5/5-409) (from Ch. 121, par. 5-409)
Sec. 5-409.
Partial payments on contracts let by a county for highway work
may be made as the work progresses but no payment in excess of 90% of the
value of the work then completed may be made until 50% of the work has been
completed. After 50% of the work is completed, the county may, in its
discretion, make partial payments without any further retention, provided
that satisfactory progress is being made and provided that the amount
retained is not less than 5% of the total adjusted contract price.
At the discretion of the county and with the consent of the surety, a
semi-final payment may be made when the principal items of the work have
been satisfactorily completed. Such payment shall not exceed 90% of the
amount retained nor reduce the amount retained to less than 1% of the
adjusted contract price nor less than $500.00.
Final payment under the contract shall not be made until it is shown
that all money due for any labor, material, apparatus, fixtures or
machinery furnished to the contractor or other indebtedness of the
contractor incurred in connection with such work has been paid.
Furthermore, if the contract is one that was approved by the Department,
no final payment shall be made until the county has received approval by
the Department to do so.
This Section is also subject to the provisions of Section 23 of the Mechanics Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
(605 ILCS 5/5-410) (from Ch. 121, par. 5-410)
Sec. 5-410.
The county board is authorized to enter into agreements with
any municipal corporation, terminable in the discretion of the county
board, for the municipal corporation to maintain any county highway, or any
part thereof, located within the municipal corporation, such maintenance to
be under the supervision of the county superintendent of highways. Any such
agreement entered into prior to the effective date of this Code is
validated.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-410.1) (from Ch. 121, par. 5-410.1)
Sec. 5-410.1.
The county board may surrender jurisdiction
over the right-of-way and improvements of all or part of a county highway,
street or road to a municipality by agreement as provided in Section
11-91.2-1 of the Illinois Municipal Code, as now or hereafter amended.
(Source: P.A. 85-1421.)
(605 ILCS 5/5-411) (from Ch. 121, par. 5-411)
Sec. 5-411.
On all county highways which have all-weather travel surfaces
the county board shall provide for the construction and maintenance of
all-weather surfaces at boxes used for the receipt of United States mail.
The rules, regulations and specifications adopted by the Department
governing the erection and maintenance of boxes for the receipt of United
States mail on State highways shall apply to and govern the erection and
maintenance of such boxes on such county highways.
(Source: Laws 1959, p. 1800.)
(605 ILCS 5/5-412) (from Ch. 121, par. 5-412)
Sec. 5-412.
The county board, of each county, may contract with persons
growing row crops on land adjacent to county highways to buy standing strips
of such crops to remain in place to act as snow breaks along such highways
in those places where experience shows that drifting snow has been an
obstruction to traffic. The contract price to be paid by the county board in any such
case shall be the higher of the market price in the local area of
such crop at the time of contracting or the current Commodity Credit
Corporation target price. An additional sum of money equal to at least 10% of the
contract price may be paid to the grower as an inconvenience fee.
(Source: P.A. 100-46, eff. 1-1-18.)
(605 ILCS 5/5-413) (from Ch. 121, par. 5-413)
Sec. 5-413.
Access roads and driveways for private and public use
may, upon receipt of a permit from the county superintendent of highways,
be laid out from a county highway in accordance with regulations adopted by
the county board.
(Source: P.A. 85-808.)
(605 ILCS 5/5-414)
Sec. 5-414.
Permit for temporary closing.
The county engineer may, upon
application by
the proper authorities of any governmental agency or person, issue a permit to
the agency or
person to temporarily close to traffic any portion of a county highway for any
public purpose or
any temporary needs of the agency in accordance with regulations adopted by the
County Board.
(Source: P.A. 91-775, eff. 6-9-00.)
(605 ILCS 5/Art. 5 Div. 5 heading)
(605 ILCS 5/5-501) (from Ch. 121, par. 5-501)
Sec. 5-501.
When it is necessary to construct or repair any bridge,
culvert, drainage structure or grade separation, including approaches
thereto, on, across or along any public road in any road district in the
county, or on any street in any municipality of less than 15,000
population in the county, or on or across a line which forms the common
boundary line between any such road districts or such municipalities, in
which work the road district, or such municipality is wholly or in part
responsible, and the cost of which work will be more than .02% of the
value of all the taxable property in such road district or municipality,
as equalized or assessed by the Department of Revenue,
and the tax rate for road purposes in such road district was in each
year for the 2 years last past not less than the maximum allowable rate
provided for in Section 6-501 of this Code, or the tax rate in such
municipalities for corporate purposes was in each year for the 2 years
last past for the full amount allowed by law to be extended therein for
such corporate purposes, the highway commissioner, the city council or
the village board of trustees, as the case may be, may petition the
county board for aid, and if the foregoing facts shall appear, the
county board shall appropriate from the "county bridge fund" in the
county treasury a sufficient sum to meet one-half the expense of
constructing or repairing such bridge, culvert, drainage structure or
grade separation, including approaches thereto, on condition that the
road district or municipality asking for aid shall furnish the other
one-half of the required amount.
In counties in which a property tax extension limitation is imposed
under the Property Tax Extension Limitation Law and the imposition of the
property tax extension limitation prevents a road district from levying taxes
for road purposes at the maximum allowable rate, a road district may retain its
eligibility if, at the time the property tax extension limitation was imposed,
the road district was levying at the maximum allowable rate and continues to
levy the
maximum allowable amount after the imposition of the property tax
extension limitation.
If, however, the road district has
increased its tax rate for such purposes to a rate in excess of .05% but
not exceeding .25%, as provided in Section 6-508 of this Code, the
amount required to be appropriated by the county shall be in accordance
with the provisions of Section 5-501 of this Code, to the extent that
the County and township rates are identical.
For purposes of this Section, the maximum allowable tax rate for the 2
years last past shall be determined by using the last certified equalized
assessed valuation at the time the tax levy ordinance was adopted.
When it is determined by the county board to grant the prayer of the
highway commissioner, city council or village board of trustees asking
for aid for the construction or repair of such bridge, culvert, drainage
structure or grade separation, including approaches thereto, the county
board shall thereupon enter an order directing the county superintendent
of highways to cause plans and specifications for such improvement to be
prepared.
Thereupon the county board shall order the improvement made, either
by the letting of a contract in the manner authorized by the county
board, or by doing the work itself through its officers, agents and
employees. The work shall be performed under the general supervision of
the county superintendent of highways, and when the work has been
satisfactorily completed to meet the approval of the county
superintendent of highways, he shall so certify to the county board,
which certificate shall include an itemized account of the cost of all
items of work incurred in the making of such improvement, and shall show
the division of cost between the county and the participating agency,
and he shall cause a copy of such certificate to be filed with the clerk
of the participating agency. The county board and the participating
agency undertaking such work shall thereupon make final payment for the
same.
(Source: P.A. 90-110, eff. 7-14-97.)
(605 ILCS 5/5-502) (from Ch. 121, par. 5-502)
Sec. 5-502.
In case the county board deems it expedient to construct or
repair a bridge, culvert, drainage structure, drainage facility or grade
separation, including approaches thereto, on, across or along any highway,
in the county, the county board may order the same constructed or repaired
at the entire expense of the county; or the county and any other highway
authority may jointly construct or repair any such bridge, culvert,
drainage structure, drainage facility or grade separation, including
approaches thereto, provided that the Department's participating authority
shall be limited to the State highway system.
If it is decided to pay the cost of such construction or repair jointly,
the county board and any other highway authority shall enter into a
contract as to the proportion of the expense of such construction or repair
to be borne by each. Such contracts, except as against the Department,
shall be judicially enforceable.
Such improvement shall be made according to plans and specifications
prepared by or under the direction of the county superintendent of
highways, and the county board may undertake such work either by letting a
contract for the same or may authorize the work to be performed directly by
the county through and by its officers, agents and employees.
In case a bridge, culvert, drainage structure, drainage facility or
grade separation is located on a public road which crosses a county line,
transversely or substantially so, and such bridge, culvert, drainage
structure, drainage facility or grade separation is so located that the
county line passes through any part of such structure, then the adjoining
counties may jointly construct or repair such bridge, culvert, drainage
structure, drainage facility or grade separation, including approaches
thereto.
For the purpose of such joint construction or repair, the adjoining
counties shall enter into a contract as to the proportion of the expense of
such construction or repair to be borne by each. Such contracts, except as
against the Department, shall be judicially enforceable.
(Source: P.A. 83-345.)
(605 ILCS 5/5-503) (from Ch. 121, par. 5-503)
Sec. 5-503.
Bridges, culverts or drainage structures for across highway
waterways having a waterway opening of 25 square feet or more and located
on county highways, township roads or district roads on county lines, and
bridges, culverts or drainage structures for across highway waterways
having a waterway opening of 25 square feet or more and located on such
county line highways where such highways deviate from the established
county line within 80 rods of county lines, shall be constructed and
repaired by such counties and the expense of such construction and repair
shall be borne in a proportion to the assessed value of the taxable
property in the respective counties according to the last preceding
equalized assessment thereof prior to such construction or repair. The
county boards of such adjoining counties may enter into joint contracts for
a division of such expense other than that above provided which may be just
and equitable, and such contracts may be judicially enforced against
such county boards, and such county boards may be proceeded against
jointly, by any parties interested in such bridges, culverts or drainage
structures for any neglect of duty in reference to such bridges, culverts
or drainage structures for any damages growing out of such neglect.
When any county desires to construct or repair any such bridge, culvert
or drainage structure and has appropriated its share of the cost of
constructing or repairing the same, it shall be the duty of such other
county to make an appropriation for its proportionate share of the expense
of such construction or repair. If such other county fails or refuses to
make such appropriation, any court of competent jurisdiction, upon a
petition for that purpose, shall enter an order to compel
such other county
to make such appropriation; or the county which has made its appropriation
may, after giving due notice to the other county, proceed with the
construction or repair of the bridge, culvert or drainage structure and if
the construction or repair is reasonable in kind and costs, recover from
the other county, by suit, such proportionate share of the expense as the
other county is liable for, with costs of the action and interest from the
time of the completion of the construction or repair, but, if the expense
of the construction or repair of the bridge, culvert or drainage structure
is unreasonable then the county may recover only the other county's
proportionate share of an amount equal to a reasonable expense for the
construction or repair.
(Source: P.A. 83-345.)
(605 ILCS 5/5-504) (from Ch. 121, par. 5-504)
Sec. 5-504.
The Department or the Illinois State Toll Highway
Authority and any county, municipality, or road district,
or any one or more of them, may jointly construct, repair and maintain a
bridge, culvert, drainage structure, drainage facility, grade separation
or interchange and approaches thereto.
For the purpose of such joint construction, repair and maintenance, the
Department or the Illinois State Toll Highway Authority and the county
board, city council, board of trustees or highway
commissioner in road districts (as the case may be) may enter into a contract
as to the proportion of the expense of construction, repair and maintenance
to be borne by each. Such contracts, except as against the Department,
shall be enforceable at law or equity.
Contracts for such construction, repair or maintenance work shall be let
by the Department or the Illinois State Toll Highway Authority and such
municipal corporations as have so agreed and shall expressly fix the extent
of liability for each of such contracting parties.
(Source: P.A. 86-528.)
(605 ILCS 5/5-505) (from Ch. 121, par. 5-505)
Sec. 5-505.
Any bridge or culvert, or both, that has been constructed,
repaired or maintained by adjoining counties may be abandoned and the use
thereof for road purposes discontinued if the county boards of such
adjoining counties determine by concurrent resolution that:
(1) the bridge or culvert, or both, proposed to be abandoned is unsafe
for the use of traffic and is in need of extensive repair or replacement,
but the amount of traffic making use of such structure or structures is so
small that the expense of repairing or replacing the structure or
structures cannot be justified;
(2) other means of access between the counties are available to
adequately serve traffic in the area served by the bridge or culvert, or
both, proposed to be abandoned;
(3) it will be in the best interest of the majority of the residents of
each county to abandon the use of such bridge or culvert, or both; and
(4) an agreement has been reached as to the share of the cost of removal
of any bridge so abandoned that is to be borne by each county, which
agreement shall be set out in the resolution.
Whenever the use of any bridge is abandoned under the provisions of this
Section such bridge shall be promptly removed and the watercourse over
which it passed left unobstructed.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-506) (from Ch. 121, par. 5-506)
Sec. 5-506.
Approaches to bridges and culverts constructed under the
provisions of Section 5-501 shall be maintained by the respective road
districts or municipalities, and approaches to bridges or culverts
constructed under the provisions of Section 5-503 shall be maintained by
the respective counties, within which such approach or approaches may be
located, and all approaches to any and all such bridges and culverts as
have heretofore been constructed.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-507) (from Ch. 121, par. 5-507)
Sec. 5-507.
If the county board of any such county, after reasonable notice
in writing from such other county board, neglects or refuses to construct
or repair any such bridge or culvert when any contract or agreement
covering the division of cost has been made in regard to the same, the
county board so giving notice may construct or repair the same and recover,
by suit, such amount as shall have been agreed upon of the expense of so
constructing or repairing such bridge or culvert, with costs of suit and
interest from the time of the completion thereof, from the county board so
neglecting or refusing.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 5 Div. 6 heading)
(605 ILCS 5/5-601) (from Ch. 121, par. 5-601)
Sec. 5-601.
(a) For the purpose of improving, maintaining, repairing,
constructing and reconstructing the county highways required to be
maintained, repaired and constructed by the county as provided in
Section 5-401 of this Code, and for the payment of lands, quarries, pits
or other deposits of road material required by the county for such
purpose, and for acquiring and maintaining machinery and equipment, or
for acquiring, maintaining, operating, constructing or reconstructing
buildings for housing highway offices, machinery, equipment and
materials, used for the construction, repair and maintenance of such
highways, the county board shall have the power to levy an annual tax to
be known as the "county highway tax". Such tax shall be in addition to the
maximum of all other county taxes which the county is now or may
hereafter be authorized by statute to levy upon the aggregate valuation
of all taxable property within the county. Such "county highway tax"
shall not be extended at a rate exceeding .10%, or the rate limit in
effect on July 1, 1967, whichever is greater, of the value, as equalized
or assessed by the Department of Revenue, of the
taxable property within the county, exclusive of the amount necessary to
pay the principal of and interest on county road bonds duly authorized
before July 1, 1959 for the construction of county highways, unless
otherwise authorized by a vote of the people of the county. The county
highway tax rate may be increased to .20% as provided in subsection (b).
In counties having less than 1,000,000 inhabitants, the amount that may
be expended for the purchase of machinery or equipment for constructing
or maintaining highways shall not exceed in any one year an amount in
excess of 35% of the maximum extension for highway purposes for such
year. In counties having 1,000,000 or more inhabitants, taxes levied for
any year for the purposes specified in this Section shall be subject to
the limitation that they shall not exceed the estimated amount of taxes
to be levied for such year for such purpose as determined in accordance
with the provisions of Section 6-24001 of the Counties
Code and set
forth in the annual appropriation bill of such county; and in
ascertaining the rate per cent that will produce the amount of any tax
levied in any such county under the provisions of this Section, the
county clerk shall not add to such tax or rate any sum or amount to
cover the loss and cost of collecting such tax. However, the foregoing
limitations upon tax rates, insofar as they are applicable to counties
of less than 1,000,000 population, may be increased or decreased under
the referendum provisions of the General Revenue Law of Illinois. All
moneys derived from the "county highway tax" shall be placed in a
separate fund to be known as the "county highway fund" and shall be used
for no other purpose. In any county containing 1,000,000
or more inhabitants, however, any appropriation or levy to be used for lands,
easements and rights-of-way, motor vehicle equipment, mechanical
equipment, engineering and drafting equipment, road materials, road,
bridge and drainage improvements, grade separation improvements,
railroad grade crossing improvements, warehouse and garage improvements,
street signs and signals need not be expended during the fiscal year in
which the appropriation or levy was made but shall also be available
during the following fiscal year without reduction of any levy made
during the latter fiscal year. After the end of that latter fiscal
year, if there is still an unexpended balance, it shall operate to
reduce, in like amount, any subsequent levy. It shall not be a defense
or objection to any appropriation or levy made in a subsequent fiscal
year for the same purposes that there remain uncommenced or uncompleted
projects or unexpended moneys arising in an appropriation or levy of a
prior year as contemplated in this Section.
(b) The maximum county highway tax rate provided for in subsection
(a) may be increased not to exceed .20% if such increase is approved by
a majority of the voters of the county voting on the question. The question
shall be certified to the proper election officials, who shall submit the
question to the voters at an election. Such
election shall be conducted, returns made and notices thereof
given as provided by the general election law. The question shall be in
substantially the following form:
--------------------------------------------------------------
Shall the county highway tax rate YES
of.......... County be increased --------------------------
to.....%?
NO
--------------------------------------------------------------
(Source: P.A. 86-1475.)
(605 ILCS 5/5-601.1) (from Ch. 121, par. 5-601.1)
Sec. 5-601.1.
Whenever a proposition or public question is required to
be submitted, pursuant to this Act, for approval or rejection by the electors
at an election, the time and manner of conducting such referendum shall
be in accordance with the general election laws of the State.
(Source: P.A. 81-1489.)
(605 ILCS 5/5-602) (from Ch. 121, par. 5-602)
Sec. 5-602.
For the purpose of administering Sections 5-501, 5-502, 5-503
and 5-504 of this Code, any county having less than 1,000,000 inhabitants may
levy an additional annual tax not exceeding .05% of the value of all the
taxable property in such county, as equalized or assessed by the Department of
Revenue, which tax shall be in addition to all other county taxes and shall be
in excess of any other rate limitation. The foregoing rate limitation may be
increased, for a 10 year period, up to 0.25% under the referendum provisions of
Sections 18-120, 18-125, and 18-130 of the Property Tax Code. This tax shall be
levied and collected at the
same time and in the same manner as taxes for general county purposes. All
moneys derived from such tax shall be placed in a separate fund in the county
treasury to be known as the "county bridge fund". The county board shall from
time to time make appropriations payable from the "county bridge fund" for the
purpose of administering Sections 5-501, 5-502, 5-503 and 5-504 of this Code;
but no portion of this fund may be expended for the purpose of administering
sections 5-502, 5-503 or 5-504 of this Code until all obligations imposed upon
the county by Section 5-501 of this Code have been fulfilled. If, at the end of
any fiscal year of the county, there is any unappropriated balance in the
"county bridge fund", it shall operate to reduce, in like amount, any
subsequent tax levy payable into such fund.
(Source: P.A. 88-670, eff. 12-2-94.)
(605 ILCS 5/5-603) (from Ch. 121, par. 5-603)
Sec. 5-603.
For the purpose of providing funds to pay the expenses
for engineering and right-of-way costs, utility relocations and its
proportionate share of construction or maintenance of highways in the
federal aid network or county highway network and costs
incurred incident to transportation planning studies conducted in
cooperation, and by formal agreement, with the Department of
Transportation or its predecessor, the Department of Public Works and
Buildings and the designated authority of the United States Government
the county board except in counties having a population in excess of
1,000,000 inhabitants has the power to levy an annual tax to be known as
the matching tax. Such tax shall be in addition to the maximum of all
other county taxes which the county is now or may hereafter be
authorized by statute to levy upon the aggregate valuation of all
taxable property within the county. Such matching tax shall not be
extended at a rate exceeding .05% of the value of all taxable property
within the county, as equalized or assessed by the Department of Revenue.
On ascertaining the rate per cent that will produce
the amount of any tax levied in any such county under this section, the
county clerk shall not add to such tax or rate any sum or amount to
cover the loss or cost of collecting such tax. All moneys derived from
the matching tax shall be placed in a separate fund to be known as the
matching fund and shall be used for no other purposes. The county board
shall from time to time adopt resolutions appropriating matching funds
for specific federal aid projects and motor fuel tax sections or for
transportation planning studies conducted in cooperation, and by formal
agreement, with the Department of Transportation or its predecessor, the
Department of Public Works and Buildings and the designated authority of
the United States Government and no moneys shall be disbursed from this
fund unless so appropriated by the county board. After the end of the
fiscal year, if there is still an unappropriated balance it shall
operate to reduce, in like amount, any subsequent levy.
(Source: P.A. 86-616.)
(605 ILCS 5/5-604) (from Ch. 121, par. 5-604)
Sec. 5-604.
The county board of any county, pursuant to a petition and after
referendum approval as required in this Section, may levy a special tax
for the purpose of (1) constructing or repairing county highways or (2)
assisting one or more road districts in the county to the extent of 25%
of the cost of the construction or repair of township or district roads or (3) for
both of such purposes. Such tax shall not be included within any
statutory rate or amount for other county purposes but shall be excluded
therefrom and be in addition thereto and in excess thereof.
Upon receipt of a petition from 100 or more landowners who are legal
voters in any county the county clerk shall submit at the next general
election for county officers, or at a regular election, the question of extending
a special tax
against all taxable property in the county for the purpose or purposes
and in the manner stated in the petition. The county clerk shall give
notice of such referendum and shall submit the proposition in accordance
with the general election law of the State.
Both the petition and the notice of referendum shall designate (1) the
particular county highway or county highways to be improved or the road
district or districts to be so assisted or both, (2) the maximum annual
rate percent not exceeding .0833% of the value of the taxable property
as equalized or assessed by the Department of Revenue
at which such tax may be extended and (3) the number of years, not
exceeding 5 years, during which such tax may be levied.
The proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall a special YES
tax for highway purposes ------------------------------
be levied in.... County? NO
--------------------------------------------------------------
If a majority of all ballots cast on such question is in favor of
such tax levy, the county board shall levy and the county clerk shall
extend such tax for the number of years stated in the petition and the
proceeds of such tax shall be used for the purpose or purposes stated in
the petition.
(Source: P.A. 85-527.)
(605 ILCS 5/5-604.1) (from Ch. 121, par. 5-604.1)
Sec. 5-604.1.
In any county not under township organization, the
county board may levy by ordinance, for a period not exceeding 5 years,
an annual tax at a rate not to exceed .05% of the value, as equalized or
assessed by the Department of Revenue, of all taxable property in the
county for the purpose of constructing or maintaining gravel, rock, macadam
or other hard roads, or for improving, maintaining or repairing earth roads
by draining, grading, oil treating or dragging. A notice of the passage of
the ordinance, stating that the ordinance was passed and stating (a) the
particular county highway or highways to be constructed, improved, repaired
or maintained, (b) the annual tax rate specified in the ordinance, (c) the
number of years specified in the ordinance for the levy of the tax, (d) the
specific number of voters required to sign a petition requesting that the
question of the adoption of the ordinance be submitted to the electors of
the county, (e) the time in which the petition must be filed, and (f) the
date of the prospective referendum, shall be published once in a paper
having a general circulation in the county. The county clerk shall provide
a petition form to any individual requesting one.
The ordinance takes effect 30 days after publication of that notice
unless within that time a petition, signed by the
registered voters of the county equal to 10% or more of the registered
voters in the county, is filed with the county clerk requesting the
submission to a referendum of the question of whether to levy the tax
provided for by this Section. If no such petition is filed within that
time, or if all such petitions filed within that time are determined to be
invalid or insufficient, the county clerk shall extend the tax levied by
the county board for the number of years stated in the ordinance and the
proceeds of that tax shall be used for the purpose or purposes stated in
the ordinance.
If, however, such a petition is filed within that time, the county
clerk shall submit at the next general election for county officers, or
at a regular election, the question of whether the tax provided for in this
Section should be levied. The county clerk shall give notice of the
referendum and shall submit the question in accordance with the general
election law. Both the petition and the notice of election must designate
(1) the particular county highway or highways to be constructed, improved,
repaired or maintained, (2) the maximum annual rate per cent not exceeding
.05% of the value, as equalized or assessed by the Department of Revenue,
at which the tax may be extended, and (3) the number of years, not
exceeding 5 years, during which the tax may be levied.
The proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall a special tax YES
for highway purposes be -----------------------------
levied in.... County? NO
--------------------------------------------------------------
If a majority of all ballots cast on that question is in favor of the
tax levy, the county board shall levy and the county clerk shall extend
the tax for the number of years stated in the petition and the proceeds
of that tax shall be used for the purpose or purposes stated in the
petition.
(Source: P.A. 87-767.)
(605 ILCS 5/5-605) (from Ch. 121, par. 5-605)
Sec. 5-605.
The county board of any county may in any manner provided
by law for issuing county bonds, issue bonds of the county for the
purpose of constructing county highways: Provided, that the question of
issuing such county bonds shall first be submitted to the legal voters
of such county at any election. The
county board shall adopt a resolution to submit such question
to a vote, specifying therein the particular highways to be
constructed, the type of construction to be made on each section of such
highways, the proposed widths of the paved and graded travel way,
together with an estimate of the cost of such construction. Such bonds
shall be issued to mature in not less than 10 nor more than 20 annual
series, the last series to mature not more than 20 years from date of
issue. If the question of an issue of such bonds is submitted to the
people, notice of the referendum shall be given and the
referendum shall be held in the manner provided by the general
election laws of the State, and the proposition
shall be in substantially
the following form:
--------------------------------------------------------------
Shall county bonds for YES
highways be issued to -------------------------------
the amount of $....? NO
--------------------------------------------------------------
If a majority of the voters voting on such question vote in favor of
the proposition the county board shall at once issue the bonds and take
the necessary steps to construct the county highways provided for. This
section shall not be construed to repeal any other law on the subject of
issuing county bonds, except insofar as such other law is in direct
conflict herewith.
If it shall be deemed necessary to submit to a vote of the people at
the same election the
question of issuing bonds and the raising of an additional tax, the same
may be included in one proceeding, and in that case the proposition shall be
in substantially the following form:
--------------------------------------------------------------
Shall county bonds for highways
be issued to the amount of $.... YES
and an additional tax levied for the ----------------------
payment of interest and principal NO
of such bonds?
--------------------------------------------------------------
When the question of raising such additional tax to pay the interest
and principal of such bonds has been approved by the legal voters of the
county, the county board may, in its discretion, by appropriate
resolution, when funds from other sources have been allocated and set
aside for the purpose of paying the principal or interest, or both, of
such bonds, abate the further collection of such additional tax or such
portion thereof as shall not be required to meet such bonds or
obligations.
(Source: P.A. 81-1489.)
(605 ILCS 5/5-605.1) (from Ch. 121, par. 5-605.1)
Sec. 5-605.1.
The county board of any county may by ordinance and without
referendum, issue bonds of the county for the purpose of constructing
bridges under any of Sections 5-501 through 5-503 if the county first
secures the approval of the Department for the bridge construction project
in the manner provided by Section 5-403 for approval of highway
construction projects. Such bonds must mature within 5 years and the
principal and interest on those bonds must be payable, as provided in
Section 5-701.4, from motor fuel tax money allotted to the county.
(Source: Laws 1967, p. 762.)
(605 ILCS 5/5-605.2) (from Ch. 121, par. 5-605.2)
Sec. 5-605.2.
Bonds for county highways.
Any county with a
population of less than 1,000,000 inhabitants may, by resolution of its
county board, incur indebtedness for the purpose of constructing,
maintaining or improving county
highways, roads or bridges and may, by resolution of its county board,
issue and sell bonds therefor. The bonds shall be issued in such
principal amount, bear such rate or rates of interest, be payable as to
principal or interest on such date or dates not more than 30 years after
their date of issuance, be in such form and denomination, be subject to
redemption at such prices, be executed by such officials, be sold at such
price and in such manner, and have such other terms and provisions as
determined by the county board and set forth in the authorizing resolution
or resolutions. This Section constitutes a complete and cumulative grant
of authority for the issuance of such bonds, and such bonds shall be
payable from such funds as are pledged therefor by the county board,
except that the county board shall have no authority whatsoever to levy a
special property tax for the purpose of paying such bonds and shall not be
subject to any of the provisions of Section 5-1012 of the
Counties Code or
Section 5-605 of this Code with respect to the issuance of such bonds.
(Source: P.A. 85-962; 86-1475.)
(605 ILCS 5/5-606) (from Ch. 121, par. 5-606)
Sec. 5-606.
Any road district, in a county, may turn over, to a county, money from
the regular road taxes, special taxes voted for road construction, or the
proceeds of bonds heretofore or hereafter issued by such road district for
road construction, to be used in the construction of county highways, by
such county, in accordance with the provisions of Section 5-403 of this
Code.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-607) (from Ch. 121, par. 5-607)
Sec. 5-607.
Any tax authorized by this Article 5 is in addition to any tax
that a county may levy under the provisions of any other law.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 5 Div. 7 heading)
(605 ILCS 5/5-701) (from Ch. 121, par. 5-701)
Sec. 5-701.
Money allotted from the Motor Fuel Tax Fund to the several
counties as provided in Section 8 of the "Motor Fuel Tax Law", approved
March 25, 1929, as now or hereafter amended, other than money allotted to
counties for the use of road districts, shall be used only for one or more
of the purposes stated in Sections 5-701.1 through 5-701.16, as the several
counties may desire.
(Source: P.A. 85-962.)
(605 ILCS 5/5-701.1) (from Ch. 121, par. 5-701.1)
Sec. 5-701.1.
Any county board may use any motor fuel tax money allotted to
it for the construction of (1) highways within the county designated as
county highways, or (2) county highways within the corporate limits of any
municipality within such county, or (3) county highways within the
corporate limits of any park district within such county, or (4) any
county highway to be constructed under Section 5-406 of this Code. Such construction
shall be in accordance with the procedure prescribed in Section 5-403 of
this Code.
So far as practicable, priority in the matter of construction with motor
fuel tax funds in any county shall be given county highways which will join
municipalities and communities not upon any State highway, or not upon
federal aid highways which may now or may hereafter be designated, with
such highways; and county highways shall be selected for construction
according to their relative importance from the standpoint of traffic needs
and county-wide service and so as to make available as rapidly as
practicable continuous or connected improved traffic routes, such selection
to be made by the county board with the approval of the Department.
(Source: P.A. 85-1407.)
(605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2)
Sec. 5-701.2.
Any county board, with the approval of the Department,
may also use motor fuel tax money allotted to it for construction of State
highways within the county.
(Source: P.A. 95-331, eff. 8-21-07.)
(605 ILCS 5/5-701.3) (from Ch. 121, par. 5-701.3)
Sec. 5-701.3.
Any county board with the approval of the Department may also
use motor fuel tax money allotted to it for the maintenance of any county
highway or any State highway.
(Source: P.A. 85-1407.)
(605 ILCS 5/5-701.4) (from Ch. 121, par. 5-701.4)
Sec. 5-701.4.
Any county board may also use any motor fuel tax money allotted to it or any part thereof for the purpose of retiring bonds and
paying obligations incurred for the purpose of constructing State or county
highways, the construction of which was under the supervision of and with
the approval of the Department under the provisions of Section 5-403 of
this Code or similar provisions of prior law.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-701.5) (from Ch. 121, par. 5-701.5)
Sec. 5-701.5.
Any county board may also use so much of any motor fuel tax money allotted to it as may be necessary for the purpose of paying bonds
(and interest thereon) heretofore or hereafter issued for the purpose of
constructing superhighways pursuant to Division 5-33 of the Counties Code.
No moneys shall be paid from the Motor Fuel Tax Fund to
any county which has issued bonds pursuant to the Counties Code or its
predecessor for any purpose other than to pay the principal of and
interest on such bonds unless all moneys previously received from the Motor
Fuel Tax Fund have been applied as required by Section 5-33002
of the Counties Code.
(Source: P.A. 86-1475.)
(605 ILCS 5/5-701.6) (from Ch. 121, par. 5-701.6)
Sec. 5-701.6.
Any county board with the approval of the Department may also use motor fuel tax money allotted to it for the purpose of the payment for
investigations requisite to determine the reasonably anticipated need for
any of the work described in Sections 5-701.1 to 5-701.5, inclusive, of
this Code. Such investigations may include, but shall not be limited to,
the making of traffic surveys, the study of transportation facilities,
research concerning the development of the several areas within the county
and contiguous territory as affected by growth and changes in population
and economic activity and the collection and review of data relating to all
factors affecting the judicious planning of construction, reconstruction,
improvement and maintenance of highways. The investigations for which any
such payments are made may also be conducted in cooperation with other
counties, municipalities, the State of Illinois, the United States, other
states of the United States, agencies of any such governments or other
persons in pursuance of agreements to share the costs thereof and authority
to enter into such agreements is hereby conferred upon counties.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-701.7) (from Ch. 121, par. 5-701.7)
Sec. 5-701.7.
(a) Any county board with the approval of the Department may also use
motor fuel tax funds allotted to it to pay the county's share of the
cost of projects on the federal aid urban and the federal aid secondary
highway systems in the county
constructed under the provisions of the Federal Aid Road Act. The county
board is authorized to cooperate with the Department in selecting these
systems of federal aid highways to be improved.
(b) Any county board with the approval of the Department may also use
motor fuel tax funds allotted to it to pay the county's share of any project
constructed under Section 3-104.3 of this Code.
(c) Any county board, with the approval of the Department, may also use
motor fuel
tax funds allotted to it, matching tax funds, or any other funds of the county
for highways
to pay the county's proportionate share of any federally eligible
transportation project on,
adjacent to, or intended to serve county highways in the county.
(Source: P.A. 91-315, eff. 1-1-00.)
(605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)
Sec. 5-701.8.
Any county board may also turn over a portion of the motor
fuel tax funds allotted to it to: (a) a local Mass Transit District if the
county created such District pursuant to the "Local Mass Transit District
Act", approved July 21, 1959, as now or hereafter amended;
(b) a local Transit Commission if such commission is created pursuant to
Section 14-101 of The Public Utilities Act; or
(c) the Chicago Transit Authority established pursuant to the
"Metropolitan Transit Authority Act", approved April 12, 1945, as now or
hereafter amended.
(Source: P.A. 85-1209.)
(605 ILCS 5/5-701.9) (from Ch. 121, par. 5-701.9)
Sec. 5-701.9.
Any county board may also use motor fuel tax money allotted
to it for constructing or maintaining, or both, a county garage for the
servicing, maintenance or storage of vehicles or equipment used in the
construction or maintenance of county or state highways. The county board
of any county with a population of 1,000,000 or more may also use motor
fuel tax money for constructing or maintaining auxiliary office space.
(Source: P.A. 76-808.)
(605 ILCS 5/5-701.10) (from Ch. 121, par. 5-701.10)
Sec. 5-701.10.
Any county board in counties of 1,000,000 or more
inhabitants may also use any motor fuel tax money allotted to it for the
purpose of paying any and all expenditures resulting from activities
conducted by the circuit court located in the county and for the further
purpose of paying any and all expenditures resulting from the activities of
any county department which has a relation to highways located within the
county.
(Source: P.A. 76-414.)
(605 ILCS 5/5-701.11) (from Ch. 121, par. 5-701.11)
Sec. 5-701.11.
With the approval of the Department of Transportation, any
county board may also use motor fuel tax money allotted to it for the
payment of the principal and interest of bonds issued for the construction,
maintenance or improvement of county highways. Such construction,
maintenance or improvement shall be in accordance with the procedure in
Section 5-403 of this Code.
(Source: P.A. 85-962.)
(605 ILCS 5/5-701.12) (from Ch. 121, par. 5-701.12)
Sec. 5-701.12.
The county board of any county with a population of 1,000,000 or more
may also use motor fuel tax money allotted to it for construction,
maintaining, or leasing office space for activities of the county highway
department.
(Source: P.A. 76-2256.)
(605 ILCS 5/5-701.13) (from Ch. 121, par. 5-701.13)
Sec. 5-701.13. Motor fuel tax funds; counties over 500,000. The county
board of any county may also use motor fuel tax
funds allotted to it for placing, erecting, and maintaining signs, or
surface
markings, or both to indicate officially designated bicycle routes along
county
highways. In addition, the county board of a county with a population over
500,000 may also use motor fuel tax funds allotted to
it
for the construction and maintenance of bicycle routes or paths, shared-use paths for nonvehicular public travel, and sidewalks within the county, including along State highways by agreement with the Department.
(Source: P.A. 102-452, eff. 8-20-21.)
(605 ILCS 5/5-701.14) (from Ch. 121, par. 5-701.14)
Sec. 5-701.14.
Any county board may also use its allotted motor fuel tax funds for the
construction and maintenance of grade separations and approaches thereto
which avoid or replace grade crossings at intersections of county highways
and railroad tracks.
(Source: P.A. 77-1849.)
(605 ILCS 5/5-701.15) (from Ch. 121, par. 5-701.15)
Sec. 5-701.15.
The formula allocation for counties for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the county board
for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such improved road becomes, by operation of law, a part of the township or district
road system in accordance with Section 6-325 of this Code. The county board
shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation
of such funds allocated under the formula as
provided in Section 8 in the "Motor Fuel Tax Law" which is
attributable to this amendatory Act of 1979 and any subsequent amendatory
Act and subsequently
approved as provided in this Section, may be expended on eligible
nondedicated subdivision roads.
(Source: P.A. 83-957.)
(605 ILCS 5/5-701.16) (from Ch. 121, par. 5-701.16)
Sec. 5-701.16.
Any county board, in a county of less than 1,000,000
inhabitants may also use any motor fuel tax money allotted to it or
any part thereof for the payment of the principal of and interest on bonds
issued for the purpose of constructing, maintaining or improving county
highways, roads or bridges. Such construction, maintenance or improvement
shall be in accordance with the procedure in Section 5-403 of this Code.
Such county boards are authorized to use motor fuel tax money to pay
principal or interest on such bonds without any prior appropriation and
without regard to any budget law. The State of Illinois pledges and agrees
with the holders of any bonds of a county issued for such purposes that the
State will not limit the use of such money by such county, so long as any
such bonds are outstanding and unpaid. Payment of such motor fuel tax
money to such county shall be subject to appropriation by the General
Assembly. The State shall not be liable on or guarantee bonds of a county
issued for such purposes, and such bonds shall not be State debt. The face
of all such bonds shall contain a statement with respect to the provisions
of this Section.
(Source: P.A. 85-962.)
(605 ILCS 5/5-701.17) (from Ch. 121, par. 5-701.17)
Sec. 5-701.17.
Construction, maintenance, or improvement of county
unit roads. Any county board in a county with an established county unit
district highway system may, with the approval of the Department, use a
maximum of 30% of the motor fuel tax funds, provided for in Section 8 of
the Motor Fuel Tax Law, allotted to it to pay for the cost of construction,
maintenance, or improvements of roads in the county unit system. The
Department shall not approve use of the funds unless the Department
determines that the county highway system is being maintained in an
acceptable condition and that the use of the motor fuel tax funds would not
jeopardize adequate maintenance of existing county highways.
(Source: P.A. 87-1249.)
(605 ILCS 5/5-702) (from Ch. 121, par. 5-702)
Sec. 5-702.
Payment of motor fuel tax money to any county for the purposes stated in
Sections 5-701.1 through 5-701.11 shall be made by the Department of
Transportation as soon as may be after the allotment is made.
However, if any county, after having been given reasonable notice by the
Department, fails to expend motor fuel tax funds in a manner satisfactory
to the Department or fails to have construction contracts approved by the
Department or fails to maintain in a manner satisfactory to the Department
highways heretofore or hereafter constructed with motor fuel tax funds, no
further payment of motor fuel tax funds shall be made to such county for
construction or maintenance purposes until it corrects its unsatisfactory
use of motor fuel tax funds or secures approval of its construction
contracts by the Department or maintains such highways or provides for such
maintenance in a manner satisfactory to the Department.
Records of all expenditures of motor fuel tax money made by the county
shall be kept in accordance with the system of auditing and accounting
prescribed by the Department under Section 4-101.9 of this Code.
(Source: P.A. 77-173.)
(605 ILCS 5/Art. 5 Div. 8 heading)
(605 ILCS 5/5-801) (from Ch. 121, par. 5-801)
Sec. 5-801.
Any county, in its name, may acquire the fee simple title, or
such lesser interest as may be desired, to any lands, rights or other
property necessary for the construction, maintenance or operation of any
county highway, township road, district road, shared-use path for nonvehicular public travel, sidewalk, or bike path within the county or
necessary for the locating, relocating, widening, altering, extending or
straightening thereof, by purchase or gift or, if the compensation or
damages cannot be agreed upon, by the exercise of the right of eminent
domain under the eminent domain laws of this State. The county shall not be
required to furnish bond in any eminent domain proceeding.
When, in the judgment of the county, it is more practical and economical
to acquire the fee title to inaccessible remnants of tracts of land from
which rights-of-way are being acquired than to pay for damages to property
not taken, the county may do so by purchase but not by eminent domain
proceedings.
When acquiring land for a highway on a new location, and when a parcel
of land one acre or less in area contains a single family residence, which
is in conformance with existing zoning ordinances, and only a part of said
parcel is required for county highway purposes causing the remainder of the
parcel not to conform with the existing zoning ordinances, or when the
location of the right of way line of the proposed highway reduces the
distance from an existing single family residence to the right of way line
to ten feet or less, the acquiring agency shall, if the owner so demands,
take the whole parcel by negotiation or condemnation. The part not needed
for highway purposes may be rented, sold or exchanged by the acquiring
agency.
(Source: P.A. 102-452, eff. 8-20-21.)
(605 ILCS 5/5-802) (from Ch. 121, par. 5-802)
Sec. 5-802.
When the county deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, or deems it necessary to acquire materials for the
construction, maintenance or operation of any such highway, it may acquire
the necessary property, or such interest or right therein as may be
required, by gift or purchase or, if the compensation or damages cannot be
agreed upon, by the exercise of the right of eminent domain under the
eminent domain laws of this State. The county shall not be required to
furnish bond in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/5-803) (from Ch. 121, par. 5-803)
Sec. 5-803.
For the purpose of making surveys and the determination of the
amount of property necessary to be taken or damaged in connection with any
highway project, the county through its officers, agents or employees,
after notice to the owner, may enter upon the lands or waters of any person
or corporation, but subject to responsibility for all damages that may be
occasioned thereby.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 5 Div. 9 heading)
(605 ILCS 5/5-901) (from Ch. 121, par. 5-901)
Sec. 5-901.
Short title.
This Division may be cited as the Road
Improvement Impact Fee Law.
(Source: P.A. 86-97.)
(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 General Assembly further recognizes that the imposition of such road
improvement impact fees is designed to supplement other funding sources so
that the burden of paying for road improvements can be allocated
in a fair and equitable manner. It is the intent of the General Assembly
to promote orderly economic growth throughout the State by assuring that
new development bears its fair share of the cost of meeting the demand for
road improvements through the imposition of road improvement impact fees.
It is also the intent of the General Assembly to preserve the authority of
elected local government officials to adopt and implement road improvement
impact fee ordinances or resolutions which adhere to the minimum standards
and procedures adopted in this Division by the State.
(Source: P.A. 86-97.)
(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 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.)
(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
constructing roads, streets or highways directly affected by the traffic
demands generated from the new development unless imposed pursuant to the
provisions of this Division. An impact fee payable by a developer shall
not exceed a proportionate share of costs incurred by a unit of local
government which are specifically and uniquely attributable to the new
development paying the fee in providing road improvements, but may be used
to cover costs associated with the surveying of the service area, with the
acquisition of land and rights-of-way, with engineering and planning costs,
and with all other costs which are directly related to the improvement,
expansion, enlargement or construction of roads, streets or highways within
the service area or areas as designated in the comprehensive road
improvement plan. An impact fee shall not be imposed to cover costs
associated with the repair, reconstruction, operation or maintenance of
existing roads, streets or
highways, nor shall an impact fee be used to cure existing deficiencies or
to upgrade, update,
expand or replace existing roads in order to meet stricter safety or
environmental requirements; provided, however, that such fees may be used
in conjunction with other funds available to the unit of local government
for the purpose of curing existing deficiencies, but in no event shall the
amount of impact fees expended exceed the development's proportionate share of
the cost
of such road improvements. Nothing contained in this Section shall
preclude a unit of local government from providing credits to the developer
for services, conveyances, improvements or cash if provided by agreement even
if the credits are for improvements not included in the comprehensive road
improvement plan, provided the improvements are otherwise eligible for
inclusion in the comprehensive road improvement plan.
(Source: P.A. 88-470.)
(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 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:
(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.)
(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:
(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:
(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.
(Source: P.A. 86-97.)
(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 not more than 20 members. Not less than 40%
of the members of the committee shall be representatives of the real
estate, development, and building industries and the labor communities and may
not
be employees or officials of the unit of local government.
The members of the Advisory Committee shall be selected as follows:
If the unit of local government is a county, at least 30% of the members
serving on the commission must be representatives of the municipalities
within the county. The municipal representatives shall be selected by a
convention of mayors in the county, who shall elect from their membership
municipal representatives to serve on the Advisory Committee. The members
representing the county shall be appointed by the chief executive officer of the county.
If the unit of local government is a municipality, the non-public
representatives shall be appointed by the chief executive officer of the municipality.
If the unit of local government has a planning or zoning commission, the
unit of local government may elect to use its planning or zoning commission
to serve as the Advisory Committee, provided that not less than 40% of the
committee members include representatives of the real estate, development, and
building industries and the labor communities who are not employees or
officials of the unit of local government. A unit of local government may
appoint additional members to serve on the planning or zoning commission
as ad hoc voting members whenever the planning or zoning commission
functions as the Advisory Committee; provided that no less than 40% of the
members include representatives of the real estate, development, and
building industries and the labor communities.
(Source: P.A. 91-245, eff. 12-31-99.)
(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:
The unit of local government shall adopt procedural rules to be used by
the Advisory Committee in carrying out the duties imposed by this Division.
(Source: P.A. 86-97.)
(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 land use assumptions, the comprehensive road
improvement plan and periodic up-dates to the comprehensive road improvement plan.
(Source: P.A. 86-97.)
(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 to engineering, planning, or transportation. The persons
preparing the plan shall consult with the Advisory Committee. The
comprehensive road improvement plan shall contain all of the following:
Nothing contained in this subsection shall limit the right of a home
rule unit of local government from imposing conditions on a Planned Unit
Development or other zoning relief which may include contributions for road
improvements, which are necessary or appropriate for such developments, but
are not otherwise provided for in the comprehensive road improvement plan.
(Source: P.A. 86-97; 86-1158.)
(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 assessed by a
unit of local government for roads, streets or highways within the service
area or areas of the unit of local government if and to the extent that
another unit of local government has imposed an impact
fee for the same roads, streets or highways.
(Source: P.A. 86-97.)
(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 imposed upon a
residential development, consisting of one single family residence, shall be
payable as a condition to the issuance of the
building permit. Impact fees imposed upon all other types of new development,
including multi-unit residential development, shall be payable as a
condition to the issuance of the certificate of occupancy, provided that
the developer and the unit of local government enter into an agreement
designating that the developer notify the unit of local government that the
building permit or the certificate of occupancy has been issued. For any
development receiving assisted financing, including any development for
which a commitment for assisted financing has been issued and for which
assisted financing is provided within 6 months of the issuance of the
certificate of occupancy, the unit of local government shall provide for
the payment of the impact fees through an installment agreement at a
reasonable rate of interest for a period of 10 years after the impact fee is due. Nothing
contained in this Section shall preclude the payment of the impact fee at
the time when the building permit is issued or at an earlier stage of
development if agreed to by the unit of local government and the person
paying the fees. Nothing contained in this Section shall preclude the unit
of local government from making and entering into agreements providing for
the cooperative collection of impact fees but the collection of impact fees
shall be the sole responsibility of the unit of local government imposing
the impact fee. Such agreements may also
provide for the reimbursement of collection costs from the fees collected.
At the option of the unit of local government, impact fees may be paid
through an installment agreement at a reasonable rate of interest for a
period of up to 10 years after the impact fee is due.
Nothing contained in this section shall be construed to give units of
local government a preference over the rights of any purchaser, mortgagee,
judgment creditor or other lienholder arising prior to the filing in the
office of the recorder of the county or counties in which the property is
located of notification of the existence of any uncollected impact fees.
(Source: P.A. 86-97.)
(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 interest earned on such funds shall become a part of the moneys to be
used for the road improvements authorized by this Division. The unit of
local government shall provide that an accounting be made annually for any
account containing impact fee proceeds and interest earned. Such
accounting shall include, but shall not be limited to, the total funds collected,
the source of the funds collected, the total amount of interest accruing on
such funds, and the amount of funds expended on road improvements. Notice of
the results of the accounting shall be published in a newspaper of general
circulation within the unit of local government at least 3 times. A
statement that a copy of the report is available to the public for
inspection at reasonable times shall be contained in the notice. A copy of
the report shall be provided to the Advisory Committee.
(Source: P.A. 86-97.)
(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 shall be expended in the
same manner as motor fuel tax money allotted to the unit of local
government solely for road improvement costs.
(Source: P.A. 86-97.)
(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 amendments do not exceed 10% of the total plan in terms of
estimated
project costs. If a proposed plan amendment will result in the cumulative
amendments to the plan exceeding 10% of the total plan, then the unit of local
government shall follow the procedures set forth in Section 5-905 of this
Division. Regardless of whether the Comprehensive Road Improvement Plan has
been amended, the unit of
local government imposing an impact fee shall update the
comprehensive road improvement plan at least once every 5 years. The 5 year
period shall commence from the date of the original adoption of the
comprehensive road improvement plan. The updating of the comprehensive road
improvement plan shall be made in accordance with the procedures set forth
in Section 5-905 of this Division.
(Source: P.A. 88-470.)
(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 encumber by contract impact fees collected within 5
years of the date on which such impact fees were due to be paid.
Refunds shall be made in accordance with this Section provided that the
person who paid the fee or that person's successor in interest files a
petition with the unit of local government imposing the impact fee, seeking
a refund within one year from the date that such fees were required to be
encumbered by contract.
All refunds made shall bear interest at a rate which is at least 70%
of the Prime Commercial Rate in effect at the time of the imposition of
the impact fee.
(Source: P.A. 86-97; 87-187.)
(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 periodic updating
of the road improvement plan, the refund of impact fees and all other
matters relating to impact fees. The initial appeal shall be made to the
legislative body of the unit of local government in accordance with the
procedures adopted in the ordinance or resolution. Any subsequent relief
shall be sought in a de novo proceeding in the appropriate circuit court.
(Source: P.A. 86-97.)
(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 ordinance or
resolution into conformance with the requirements imposed by this Act,
except that a home rule unit of local government with a population over
75,000 and located in a county with a population over 600,000 and less than
2,000,000 shall have not more than 18 months from July 26, 1989, to bring
that ordinance or resolution into conformance.
(b) Exemption of Developments Receiving Site Specific Development Approval.
No development which has received site specific development approval from
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 land use assumptions relating to the development of a
comprehensive road improvement plan and imposition of impact fees and which
has filed for building permits or certificates of occupancy within 18
months of the date of approval of the site specific development plan shall
be required to pay impact fees for permits or certificates of occupancy
issued within that 18 month period.
This Division shall have no effect on the validity of any existing
agreements entered into between a developer and a unit of local government
pertaining to fees, exactions or donations made by a developer for the
purpose of funding road improvements.
(c) Exception to the Exemption of Developments Receiving Site Specific
Development Approval. Nothing in this Section shall require the refund of
impact fees previously collected by units of local government in accordance
with their ordinances or resolutions, if such ordinances or resolutions
were adopted prior to the effective date of this Act and provided that such
impact fees are encumbered as provided in Section 5-916.
(Source: P.A. 86-97; 86-1158.)
(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 Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 86-97.)
Structure Illinois Compiled Statutes
Chapter 605 - ROADS AND BRIDGES
605 ILCS 5/ - Illinois Highway Code.
Article 1 - Short Title, Legislative Intent And Application Of Code
Article 2 - Systems Of Highways - Definitions
Article 4 - State Administration Of Highways
Article 5 - County Administration Of Highways
Article 6 - Administration Of Township And District Roads
Article 7 - Municipal Administration Of Streets
Article 9 - General Highway Provisions
Article 10 - Special Provisions Concerning Bridges, Ferries, Terminals And Other Highway Structures