As a condition of approval of the development or redevelopment of lands within the corporate limits of the city, or within the planning jurisdiction of the city (being 11/2 miles outside the corporate limits), the corporate authorities may require the dedication of real property for a school or school sites, to serve the immediate and future needs of the residents of the development or redevelopment, to make an actual cash payment in lieu of actual land dedication, or a combination of both, at the option of the school board of the school district in which the development is located, in accordance with the criteria and formula contained within this section. For purposes of this section, "development" or "redevelopment" shall mean the subdivision or resubdivision of lands, approval of a planned development under title 10 of this code, a "deed division" which creates additional buildable lots, or issuance of building permits for construction of residential dwelling units on those lands upon which this chapter either has not been previously applied, or for those units in excess of those upon which this chapter had been so applied.
A. Compliance: The obligation for compliance with this section shall be as follows:
1. Subdivision Or Resubdivision: The person or entity seeking final plat approval.
2. Planned Development Plan Or Plat: The person or entity seeking final plan or plat approval.
3. Deed Division: A "deed division" or other development or redevelopment of lands as set forth above; the person or entity applying for a building permit on each newly created lot.
B. Criteria For Requiring School Site Dedication:
1. Amount Of Land Dedicated: The amount of land required to be dedicated for school sites shall relate directly upon the ultimate number of students to be generated by the development or redevelopment of land. The land dedication requirement shall be determined by obtaining the ratio of: a) estimated children to be served in each such school classification over the b) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the c) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of fully developed 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 criteria:
School Classification By Grades | Maximum Number Of Students For Each Such School Classification | Minimum Number Of Acres Of Land For Each School Site Of Such Classification |
Elementary schools, grades - kindergarten through 5th (K - 5) | 600 | 11 acres |
Junior high schools, grades 6th through 8th (6 - 8) | 1,200 | 28 acres |
High schools, grades 9th through 12th (9 - 12) | 2,000 | 50 acres |
3. Location: The officials of the school district shall work with city planners, city council, and developers in properly locating school sites that shall meet proper specifications including those listed in the general conditions and criteria section of this report.
C. Criteria For Requiring A Contribution In Lieu Of School Site:
1. Where the development or redevelopment is small and the resulting school site too small to be practical, or when available land is inappropriate for a school site, as determined by the board of education, the board of education shall so inform the city council and the city shall require that the entity seeking such development or redevelopment be required to pay a cash contribution in lieu of the land dedication required.
2. The cash contributions in lieu of school site dedications shall be based on the fair-market value of the acres of land in the area improved as specified herein that otherwise would have been dedicated as a school site. Such improvements shall include consideration of grading, streets, water, storm water and sewer systems, curbs and gutters, sidewalks, electrical service, street trees and streetlights. It has been determined that the present fair-market value of such improved land in and around the school districts within the planning jurisdiction of the city is as follows:
Beginning March 1, 2022: one hundred fifty thousand dollars ($150,000) per acre. Properties that have received City Council approval for development by an annexation agreement, planned development, conditional use or final subdivision plat prior to March 1, 2022 may have land cash fees assessed at the one hundred twenty five thousand dollars ($125,000) per acre rate until March 1, 2025, unless this ordinance is otherwise amended prior to that date.
3. Any such cash payment shall be made by the subdivider or developer to the school district subsequent to the approval of the final plat or planned unit development, prior to the mayor affixing his written approval to said plat. Unless shown to the satisfaction of the city, it shall be assumed, and cash payments shall be based upon the assumption that all units shall contain three (3) bedrooms. At the time an actual building permit is applied for, if additional bedrooms are contained in the dwelling, an additional fee determined pursuant to this section shall be collected from the building permit applicant, and the funds collected transmitted to the appropriate school district.
4. Cash payments in lieu of land shall be held by the city in a separate account which may or may not be interest bearing. Disbursements to the district may be made for qualified land acquisition or improvements after submitting proof of expenditures for said acquisition or improvement.
5. Land values shall be reviewed by the city council every three (3) years beginning in 2018.
D. Student Density Formula:
1. Criteria: Where the development is small and the resulting park site is too small to be practical, or when the available land is inappropriate for a park site as determined by the board of commissioners of the applicable park district, the board of commissioners shall so inform the City Council and the City shall require that the subdivider or the developer be required to pay a cash contribution in lieu of the land dedication required. A cash contribution in lieu of park site dedications shall be based on the fair-market value of the acres of land in the area improved as specified herein that otherwise would have been dedicated as a park site. Such improvements shall include consideration of grading, streets, water and sewer systems, curbs and gutters, sidewalks, electrical service, street trees and streetlights. It has been determined that the present fairmarket value of such improved land in and around the park district within the planning jurisdiction of the City is as follows:
Beginning March 1, 2022: one hundred fifty thousand dollars ($150,000). Properties that have received City Council approval for development by an annexation agreement, planned development, conditional use or final subdivision plat prior to March 1, 2022 may have land cash fees assessed at the one hundred twenty five thousand dollars ($125,000) per acre rate until March 1, 2025, unless this ordinance is otherwise amended prior to that date.
E. Review: The present fair market value and student density formula affecting this section shall be reviewed by the city plan commission each year. After said review, any appropriate changes may be recommended to the city council for action.
F. Exception: This section is not to affect lands of subdividers or developers who have entered into an agreement with the city for annexation of those lands, or for the use of those lands in a planned development, said agreement having been entered into prior to the effective date of this section; except that any lands which are the subject of an annexation agreement or planned unit development shall come under the terms of this section, and this section shall be fully enforceable against those lands, where the annexation agreement or the planned unit development agreement may have expired and become void because the lands affected were not developed within the time provided for in said agreements. It is intended that the term "the lands affected were not developed" is, for the purpose of this section, to mean that the final plat in case of lands being developed in RO, R1-L, R1-M, R1-H, R2, R3 or R4 zoning districts has not been approved by the expiration date of the agreement; or that in the case of a development in an R5 zoning district, the building permits have not been granted by the expiration date of the agreement in question. School land-cash fees may be waived by the city council at time of final plat for developments that are deed restricted housing for individuals fifty five (55) and older.
G. Final Authority: No term within this section shall represent a delegation of the city's authority to any particular school district, and the city council shall retain the final authority over application of this section. (Ord. 15-05, 7-6-2015; amd. Ord. 21-62, 11-15-2021)