A. Purpose:
1. Since 1988, land developers have annexed more than two thousand (2,000) acres to the village. Within the village, tracts of land exist which have been or may be subdivided or zoned planned unit development for residential use which are not subject to an annexation agreement or for which annexation agreements could expire without land and cash donations having been met.
2. The residential development projected over the next several years will have a significant impact on the community, including the village. School districts which provide education to the students residing in the village include the Antioch Community High School District No. 117, Antioch Community Consolidated School District No. 34 and Emmons School District No. 33. This development will cause a greatly increased demand for services and facilities provided by these entities.
3. The developers of new subdivisions and planned unit developments, and residents thereof, will require village and educational services prior to the time that tax revenues are generated by said subdivisions and planned unit developments.
4. The development projected will result in the rapid disappearance of land available for schools and the price of the remaining land will in all probability increase faster than the borrowing capacity of the various school taxing bodies responsible for providing school services.
5. It is essential to the health, welfare and safety of the village that:
a. Adequate land and facilities are available to provide village educational services.
b. School sites be provided within the village in accordance with the criteria hereinafter set forth, which are consistent with the minimum school site recommendations heretofore issued by the various affected school districts and that funds be provided to the village to defray a portion of the cost of new school construction.
c. The combining of school sites with park sites to provide the maximum in educational and recreational services and facilities should be encouraged.
B. Definitions:
DEVELOPER: The owner, lessor, lessee, trustee, heir, executor, assign and the like.
PLANNED UNIT DEVELOPMENTS: The same meaning that is attributable to this term in this code.
SCHOOL DISTRICTS: The same meaning that is attributable to this term in this code.
C. Donations Required: Unless otherwise provided for in an annexation agreement with the village, as a condition of approval of a final plat of subdivision or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land and/or make cash contributions in lieu of land for acquisition of school sites; and cash donations for school construction, to serve the immediate and future needs of the residents of the subdivision or planned unit development as hereinafter set forth.
D. Donations Required From Properties Outside Village Limits: In the event that land which is subject to subdivision approval by the village is not within the corporate limits of the village at the time of approval of a final plat of subdivision for the land, the governing body of any governmental entity which would be entitled to land and/or cash donations pursuant to this section, may request that the village vary the terms of this section by allowing said governmental entity to make its own agreement and/or waiver as to any or all of the donations and amounts thereof required in this section with the subdivider, developer and/or owner of said land. Said request shall be made in writing by a resolution adopted by the governing board of said governmental entity. In such an event, the village may, by motion, condition subdivision approval upon compliance with the provisions of this section as the provisions of this section have been modified by said variation and/or waiver.
E. Donations Computed On Projected Population:
1. For purposes of computing the amount of land donations or cash contributions in lieu of land for school sites, and cash donations for school construction that will be required of each subdivision or planned unit development to enable the village to provide facilities and services to meet the needs of such subdivision or planned unit development, its projected population density shall be computed in accordance with table 1 in section 11-3-10 of this chapter, which is generally indicative of current and short range projected trends in family size by age groups, number of bedrooms and by type of residential development such as apartment, single-family detached housing and the like.
2. Table 1 in section 11-3-10 of this chapter shall be used for all population estimates unless a subdivider or developer files a written objection to the village data, together with his own demographic study showing the estimated population to be generated by his subdivision or planned unit development. In that event, the final determination of the density formula to be used in such calculations shall be made by the corporate authorities on the basis of the foregoing village data, data submitted by the subdivider or developer, and from other sources which may be submitted to the corporate authorities by the school districts. It is recognized that population density, age distribution and local conditions change over the years and that said table 1 is subject to periodic review and amendment, if necessary.
F. Land Contribution To School Districts: School sites shall be donated and conveyed to the village in accordance with the following criteria. The ultimate number of students that will be generated by the proposed subdivision or planned unit development shall be determined in accordance with the current edition of table 1, as set forth in section 11-3-10 of this chapter, adjusted as set forth in subsection E of this section.
1. Land Donation To School: The amount of land required to be dedicated shall be determined by dividing the estimated number of children to each of the school age brackets hereinafter set forth that will be generated by the proposed subdivision or planned unit development by the maximum recommended number of students that can be served in the type of school assigned to such age bracket, hereinafter set forth, and multiplying the quotient times the minimum number of acres recommended for a school site, hereinafter set forth. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification.
2. School Classification And Size Of School Site: School classifications and size of school sites shall be determined in accordance with the following criteria1:
School Classifi- cation By Grades
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Maximum Number Of Students For Each Such School Classification
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Minimum Number Of Acres Of Land For Each School Site Of Such Classification
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Elementary schools Grades - Kinder-garten through 5th | 600 students | 11 acres |
Middle schools Grades 6–8 | 900 students | 29 acres |
High schools Grades 9–12 | 2,300 students | 53 acres |
1 Village residents are served by 3 different school districts. In the event that an affected school district has a different school classification than as shown in the table above, said school classifications, size of school sites and minimum acres of land shall be modified to meet the requirements of the affected district. | ||
3. Improved Sites: Prior to conveyance, all sites shall be prepared in accordance with this title and water retention/detention requirements. All sites shall be conveyed in a condition ready for all service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of improved sites may be deferred due to the delay time between conveyance of any such school sites and construction of school facilities thereon.
4. School Land Conveyed To Village: School land conveyed to the village shall be held by it for transfer to the affected school district or other entity. Any school land conveyed to the village or thereafter transferred to a school district or other entity pursuant to this division which is not used for school purposes within twenty (20) years after it is conveyed to the village shall be reconveyed to the developer.
G. Cash Contribution To School District:
1. In addition to the land donation referred to in subsection F of this section, or a cash contribution in lieu of land referred to in subsection K of this section, each subdivider or developer shall be required to make a cash contribution to aid in the provision of necessary funds for the construction, expansion or rehabilitation of a school for the use of the children who will be generated by the proposed subdivision or planned unit development. Subdivision or planned unit developments shall mean any subdivision in the planning stage or in existence with plat recorded in the recorder's office. A planned unit development shall mean any planned unit development in the planning stage or in existence with a plat recorded in the recorder's office. This section shall also apply to any owners or owner of a tract of land which is not located in a subdivision or planned unit development.
2. The amount of cash donations for each developer is set out in table 2 in section 11-3-10 of this chapter. The funds and any accrued interest will be apportioned among the school districts affected by a particular development based on the number of students estimated to be generated as set forth in table 1 in section 11-3-10 of this chapter.
3. In order not to make this requirement over onerous and to assist developers in meeting this financial responsibility, the cash contributions required in this section shall be payable upon the issuance of the building permit for each dwelling unit or upon the sale of an individual lot or a tract of land by an owner in an arms length transaction. This provision shall not apply to transfers by way of gift or as a result of a court settlement in a domestic relations case or in probate matters.
H. Distribution Of Plans And Plats: Copies of each subdivision plat or planned unit development plan shall be transmitted to the park district and the affected school districts for their written recommendations at the same time that they are transmitted to the plan commission, but nothing herein contained shall be construed as requiring receipt of a recommendation prior to action by the corporate authorities of the village.
I. Time Of Conveyance Of Donations: All land donations required pursuant to this section shall be conveyed no later than the earlier of the following to occur:
1. Within one hundred eighty (180) days after a written demand by the village.
2. The fourth anniversary of the approval of the plat of subdivision or planned unit development by the village.
J. Title Insurance, Survey And Assessment Plats: Each deed or other instrument conveying land to the village shall be accompanied by the following:
1. A written commitment issued by a title insurer licensed to do business in the state to ensure that grantee has good merchantable title to such real estate in an amount equal to its value computed pursuant to subsection K of this section, subject only to then current general real estate taxes as of the date of transfer; covenants, conditions and restrictions which do not prohibit the use of the subject real estate for school or park use; utility easements located within twenty feet (20') of the boundary lines of the subject real estate; drainage ditches, feeders, laterals and underground pipe or other conduit.
2. A current boundary line survey, certified to the grantee by a state licensed land surveyor to be in compliance with the Illinois land survey standards.
3. Except in instances where the real estate to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in form acceptable to the appropriate county authorities so that the land to be conveyed can be assigned its own permanent real estate index number for exemption purposes.
K. Cash Contributions In Lieu Of Land: Criteria for requiring cash contributions in lieu of land donations:
1. Whenever, in the determination of the village, any subdivision or planned unit development is so small that the school site required under the provisions of subsections E and F of this section will not be large enough for practical development and maintenance as school sites, or when the available land cannot meet the standards set forth in subsections E and F of this section, or is otherwise inappropriate for a school site, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.
2. The cash contribution to be paid in lieu of land donations for school sites shall be held in trust by the village or other public body designated by the village, solely for use in the acquisition of a school site to serve the immediate or future needs of children from that subdivision or planned unit development, or for reimbursement to the school district for prior acquisition of a school site for which bonds or other financing obligations are outstanding which will serve immediate or future needs of children from that subdivision or planned unit development, or for the improvement of any existing school site which predominantly serves such needs, including for the construction, repair or rehabilitation of any school building thereto, or new construction of facilities.
3. All cash donations shall be apportioned among the affected school districts on a prorata basis determined by the estimated populations to be generated in the subdivision or planned unit development as set forth in table 1 in section 11-3-10 of this chapter. Said cash contributions are set forth in table 2 in section 11-3-10 of this chapter.
L. Updating Of Required Contributions And Fair Market Value: It is recognized that population density, age distribution, land values, the cost of providing school services, construction costs and other local conditions change over the years. Therefore, the specific formula for the dedication of land, or the payment of fees in lieu thereof, the required contribution for school construction, and the fair market value of land in and around the village shall be reviewed at least every two (2) years and amended if necessary.
M. Review Agreements: School agreements previously executed between owner/ developer and the school district shall be reviewed as to the contributions every two (2) years by the school district and/or the village. In addition, contributions shall be reviewed at any time that a developer of a subdivision or a planned unit development is requesting a final approval of a new phase in a multiphased development.
N. Negotiation Authority: The school district shall have the right to prenegotiate with the developer and to enter into separate written agreements relative to a lump sum, in advance, cash donation for part or all of the developer's obligation toward school donations. Said negotiation can have, as a result, a reduction in the donations required pursuant to this chapter, provided the developer pays the entire sum agreed upon prior to the issuance of the first building permit.
O. Use Of Contributions: The school district shall be allowed to use all of the developer's contributions for capital improvements on all existing school buildings and for construction of new buildings and for purchase of land for school facilities.
Fees so collected shall not be used for operating expenses, but only capital expenditures as outlined in this section 1 . (1976 Code § 152.023)
Notes
| 1 | 1. Attached to ordinance 02-05-13 as exhibit 3 are the indemnification agreements indemnifying the village from all liability as a result of passage of said ordinance. Said indemnification agreements are the same agreements approved by the various school districts and attached to the previously passed ordinance relative to school donations, ordinance 95-09-29, and said indemnification agreements are incorporated into this ordinance. Attached as group exhibit 4 to ordinance 02-05-13 are current agreements to be signed on behalf of each of the school districts benefitted by this ordinance: Antioch Community Consolidated School District 34, Antioch Community High School District 117 and Emmons School District 33, by their authorized representatives. This ordinance shall not go into effect until said current agreements have been fully executed, at which time they shall be incorporated into this ordinance. |