Model Impact Fee Ordinance

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 202-217

IV. MODEL IMPACT FEE ORDINANCE

The following impact fee ordinance was prepared by counsel1and recently

adopted by a suburban local government located in the Chicago area.

CHAPTER 160: DEVELOPMENT IMPACT FEES

SECTION

ARTICLE I: GENERAL PROVISIONS

160.101 Citation

160.102 Findings and Purpose

160.103 Applicability

ARTICLE II: DEFINITIONS

160.201 Definitions and Interpretation

ARTICLE III: ADMINISTRATION

160.301 General Procedures for Development Impact Fees

160.302 Use of Development Impact Fees

160.303 Effect of Development Impact Fees on Zoning and Subdivision

Regulations

160.304 Development Impact Fees as Additional and Supplemental

Requirements

160.305 Land in Lieu of Development Impact Fees

ARTICLE IV: STUDIES AND NEEDS ASSESSMENT

160.401 Preparation of Triennial Needs Assessments

160.402 Triennial Needs Assessment

ARTICLE V: CALCULATIONS

160.501 Source Information for Population Estimate Variablein Impact Fee

Formulas

160.502 Determination of Land Value and Distribution of Development

Impact Fees

160.503 Criteria for Determining School District Capital Improvement

Development Impact Fee

160.504 Criteria for Determining School Site Development Impact Fee

202

BARGAINING FOR DEVELOPMENT

1 Prepared by Holland & Knight LLC, Chicago, Illinois.

160.505 Criteria for Determining Park District Capital Improvement

Development Impact Fee

160.506 Criteria for Determining Park District Site Improvement Fee

160.507 Criteria for Determining Library Capital Improvement Impact Fee

160.508 Credit for Net Reduction of Any or All Lots, Dwelling Units, or

Bedrooms

ARTICLE VI: LAND CONTRIBUTIONS

160.601 Reservation of Additional Land

160.602 Combining with Adjoining Development

160.603 General Site Standards

160.604 School Site Standards

ARTICLE I

GENERAL PROVISIONS

Sec. 160.101 Citation.

These regulations shall be known, cited, and referred to as the “Development

Impact Fee Ordinance.”

Sec. 160.102 Findings and Purpose.

(A) It is declared to be the policy of the City that the provision of various pub-

lic facilities required to serve new residential development is subject to the con-

trol of the City in accordance with the comprehensive plan of the City for the or-

derly, planned, efficient, and economical development of the City.

(B) New residential developments cause and impose increased and exces-

sive demands upon public facilities and services that are specifically and

uniquely attributable to those new residential developments. Affected facilities

and services include public schools, parks and library services.

(C) Planning projections indicate that new residential development shall

continue and shall place ever-increasing demands on the school districts, the

Park District, and the library to provide necessary public facilities.

(D) Development potential and property values are influenced and affected

by City policy as expressed in the comprehensive plan and as implemented by

the City zoning ordinance, the school districts, the Park District, and the library.

(E) To the extent that new residential developments place demands upon

public facilities that are specifically and uniquely attributable to such develop-

ments, those demands should be satisfied by requiring that the new residential

developments creating the demands pay the cost of meeting the demands.

(F) The amount of the development impact fees to be required of new resi-

dential developments shall be determined by a triennial needs assessment and,

pursuant thereto, the proportionate share cost of the additional public facilities

needed to support such developments shall be calculated. The additional public

facilities shall be identified in capital improvement programs, thereby ensuring

that new residential developments are required to pay only that portion of the

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APPENDICES