Naperville imposes one of Illinois's best-known development exactions through its land-cash donation ordinance (originally Ord. 72-20, upheld in Krughoff v. City of Naperville, 354 N.E.2d 489 (Ill. App. 1976), aff'd 68 Ill. 2d 352), now codified through Title 7 subdivision and Title 10 administrative fee provisions. New residential subdivisions must dedicate land (8.6 acres per 1,000 projected residents under the 2001 amendment) or pay cash in lieu for schools and parks. Impact fees on a single ADU added to an existing lot are typically limited to building permit and utility connection charges; the land-cash exaction applies primarily at subdivision approval, not at individual building permit.
Naperville's land-cash donation framework is foundational Illinois exaction law. Ordinance 72-20 (June 1972), upheld by the Illinois Supreme Court in Krughoff v. City of Naperville, required developers to dedicate land — or pay cash in lieu — for school and park sites as a condition of subdivision plat approval, including parcels within 1.5 miles of city limits. The standard was raised in 2001 from 5.5 to 8.6 acres per 1,000 projected residents. The Naperville Park District has acquired over 1,000 acres of parkland through this mechanism. Codification flows through Title 7 (Subdivision Regulations) Section 7-3-5:12.7 (land-cash) and Title 10 Chapter 8 (Administrative Fees). For a single ADU added to an existing single-family parcel — as distinct from a new subdivision — the land-cash exaction generally does not re-apply because the underlying parcel was already subjected to dedication at original plat. Costs for adding a second unit are typically limited to: (1) zoning review fees; (2) building permit fees calculated on construction valuation under the Illinois Residential Code; (3) plan review fees; (4) Naperville Department of Public Utilities (electric and water) tap charges if new services are installed; (5) DuPage County or Will County recording fees for any easements or covenants. Illinois lacks a statewide impact-fee enabling statute; the Illinois Road Improvement Impact Fee Law (605 ILCS 5/5-901) authorizes county road fees only in counties over 400,000 population (DuPage and Will both qualify). School impact fees are not separately authorized statewide; districts are funded through the state evidence-based funding formula and property taxes under PTELL (35 ILCS 200/18-185).
Failure to pay permit or utility tap fees blocks issuance of the building permit and certificate of occupancy. Unpermitted construction triggers a stop-work order, double permit fees on after-the-fact applications, and mandatory exposure of concealed work. Failure to satisfy land-cash dedication at subdivision approval is fatal to the plat — the city declines to approve and a Krughoff-style mandamus action follows. Unpaid Naperville utility tap fees become a lien on the property collected through DuPage County or Will County tax processes.
Naperville, IL
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See how Naperville's adu impact fees rules stack up against other locations.
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