The answer to your question depends upon the type of fee imposed. The
Illinois Legislature has put forth detailed rules governing how
municipalities may impose impact fees for roads, for example. The
rules governing building inspections/permits are generally far less
specific. At most, the governing language seems to be "reasonable
fees," and that standard does not appear to be universally applicable
to all aspects of building inspections. In at least the case of
electrical inspection fees, the municipality is directed by the
legislature to pay the amounts received into the municipal treasury.
The actual fees themselves are established by local municipal
ordinances.
In light of the legislation I located, municipalities have
considerable leeway in establishing building inspection fees of
various kinds, which are at most required to be "reasonable." In
contrast, impact fees imposed on building construction for roads and
the like must actually correspond to the municipalities' costs
associated with road improvements that will serve the new
construction.
At least one municipality has established an oversight board to
determine what reasonable fees are. I suspect such measures would
make a court very reluctant to declare a municipality's fees
"unreasonable." Municipalities tend to embed inspection fees in
building permit fees for new construction.
Sincerely,
Wonko
Sources:
"(65 ILCS 5/11?13?1) (from Ch. 24, par. 11?13?1)
Sec. 11?13?1. To the end that adequate light, pure air, and safety
from fire and other dangers may be secured, that the taxable value of
land and buildings throughout the municipality may be conserved, that
congestion in the public streets may be lessened or avoided, that the
hazards to persons and damage to property resulting from the
accumulation or runoff of storm or flood waters may be lessened or
avoided, and that the public health, safety, comfort, morals, and
welfare may otherwise be promoted, and to insure and facilitate the
preservation of sites, areas, and structures of historical,
architectural and aesthetic importance; the corporate authorities in
each municipality have the following powers:
(1) To regulate and limit the height and bulk of
buildings hereafter to be erected; (2) to establish, regulate and
limit, subject to the provisions of Division 14 of this Article 11,
the building or set?back lines on or along any street, traffic?way,
drive, parkway or storm or floodwater runoff channel or basin; (3) to
regulate and limit the intensity of the use of lot areas, and to
regulate and determine the area of open spaces, within and surrounding
such buildings; (4) to classify, regulate and restrict the location of
trades and industries and the location of buildings designed for
specified industrial, business, residential, and other uses; (5) to
divide the entire municipality into districts of such number, shape,
area, and of such different classes (according to use of land and
buildings, height and bulk of buildings, intensity of the use of lot
area, area of open spaces, or other classification) as may be deemed
best suited to carry out the purposes of this Division 13; (6) to fix
standards to which buildings or structures therein shall conform; (7)
to prohibit uses, buildings, or structures incompatible with the
character of such districts; (8) to prevent additions to and
alteration or remodeling of existing buildings or structures in such a
way as to avoid the restrictions and limitations lawfully imposed
under this Division 13; (9) to classify, to regulate and restrict the
use of property on the basis of family relationship, which family
relationship may be defined as one or more persons each related to the
other by blood, marriage or adoption and maintaining a common
household; (10) to regulate or forbid any structure or activity which
may hinder access to solar energy necessary for the proper functioning
of a solar energy system, as defined in Section 1.2 of The
Comprehensive Solar Energy Act of 1977; and (11) to require the
creation and preservation of affordable housing, including the power
to provide increased density or other zoning incentives to developers
who are creating, establishing, or preserving affordable housing."
Illinois General Assembly
http://www.ilga.gov/legislation/ilcs/documents/006500050k11-13-1.htm
"65 ILCS 5/11?30?1) (from Ch. 24, par. 11?30?1) Sec. 11?30?1. The
corporate authorities of each municipality may regulate fences and
party walls. Provisions of this act do not apply to railroad right of
way fences which are regulated under Section 57 of the Public
Utilities Act. (Source: Laws 1965, p. 1027.)
(65 ILCS 5/11?30?2) (from Ch. 24, par. 11?30?2) Sec. 11?30?2. For the
purpose of lessening or avoiding the hazards to persons and damage to
property resulting from flooding, the corporate authorities of each
municipality may prescribe rules and regulations for the construction
and alteration of buildings and structures and parts and appurtenances
thereof. (Source: Laws 1961, p. 576.)"
"(65 ILCS 5/11?32?1) (from Ch. 24, par. 11?32?1)
Sec. 11?32?1. The corporate authorities of each municipality may:
(1) provide for the regulation, safe construction, installation,
alteration, inspection, testing and maintenance of heating, air
conditioning and refrigerating systems specified in this section. "
"65 ILCS 5/11?34?1) (from Ch. 24, par. 11?34?1)
Sec. 11?34?1. The corporate authorities of each municipality may:
(1) provide for the inspection of steam boilers and elevators."
"(65 ILCS 5/11?36?5) (from Ch. 24, par. 11?36?5)
Sec. 11?36?5. Each municipality specified in Section 11?36?1, by
ordinance, shall prescribe rules and regulations for the materials,
construction, alteration, and inspection of all mason work placed in
or upon or in connection with any building in the municipality. The
specified municipality shall provide also that no mason work shall be
done upon any building without a permit being first issued therefor by
the building department upon such terms and conditions as the
municipality shall prescribe.
(Source: Laws 1961, p. 576.) "
"(65 ILCS 5/11?37?3) (from Ch. 24, par. 11?37?3)
Sec. 11?37?3. The electrical commission shall recommend (1) safe and
practical standards and specifications for the installation,
alteration, and use of electrical equipment designed to meet the
necessities and conditions of the particular locality, (2) reasonable
rules and regulations governing the issuance of permits by the
electrical inspection department, and (3) reasonable fees to be paid
for the inspection by the inspection department of all electrical
equipment installed or altered within the municipality. The standards,
specifications, rules, regulations, and fees so recommended shall not
become effective until adopted by ordinance by the corporate
authorities of the municipality. All fees so adopted shall be paid
into the municipal treasury."
"Municipalities" Illinois General Assembly
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt+11+prec+Div+30&ActID=802&ChapAct=65%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=14&ChapterName=MUNICIPALITIES&SectionID=13322&SeqStart=298400&SeqEnd=315700&ActName=Illinois+Municipal+Code%2E
"(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?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."
"Roads and Bridges" Illinois General Assembly
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=060500050HArt%2E+5+Div%2E+9&ActID=1745&ChapAct=605%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=45&ChapterName=ROADS+AND+BRIDGES&SectionID=58305&SeqStart=39500&SeqEnd=42390&ActName=Illinois+Highway+Code%2E
"To recommend to the Council reasonable fees for inspection services"
"Building Board of Appeals" Town of Normal, Illinois (June 23, 2004)
http://www.normal.org/MayorAndCouncil/Boards/BuildingAppeals.asp
"G. Inspections:
1) Three inspections are included with permit; footing, rough-in and final."
"Section 1: Building Permit Fees" Loves Park, Illinois
http://www.loves-park.il.us/buildingfees.htm
"BUILDING INSPECTION SEQUENCE:
The cost of an inspection is included in the building permit fee."
"Building Permit" Quincy, Illinois
http://www.ci.quincy.il.us/PublicNotices/Permits/Building.htm |
