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 park or park 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 city, with the concurrence of the park district in which the land 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, condominium development, any other development, whether a subdivision is required or not under the law, issuance of building permits on property zoned R5, 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. Unless otherwise agreed in writing between the developer and city, any land to be dedicated for park recreational purposes shall be platted, dedicated and improved as part of the first phase of any subdivision.
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 Park And Recreation Land Dedication:
1. Requirement And Population Ratio:
Types Of Recreation Area | Size Range | Minimum Acres Per 1,000 People |
Play lot | Minimum 8,000 sq. ft. | Not applicable |
School-park (neighborhood playground) | Minimum park of 5 acres | 1.25 |
Neighborhood park | Minimum 31/2 acres | 3.0 |
Districtwide park or play field | Minimum 4 acres up to 30 acres | 2.25 |
Community wide recreation park | Minimum 12 acres up to 30 acres | 3.5 |
Total | 10.0 acres of land per 1,000 people |
2. General Requirements For Land Contributions: Unless otherwise waived, lands to be dedicated to any applicable park district shall conform to the following criteria:
a. Location: The park district master plan, as then in effect, adopted by the applicable park district shall be used as a guideline in determining the general location of park sites. Generally, neighborhood park sites should be accessible to the public and serve a population within one-half (1/2) to one mile radius from the site, depending on the classification of the park. Park sites should be located in conjunction with and adjacent to school sites whenever possible and desirable. Community parks are intended to serve a broader area and should offer a greater variety of facilities and activities.
b. Topography And Soils: Park sites must possess suitable topography and soil types for the use to which they are dedicated. The developer shall supply the park district with a minimum of one soil boring per acre to a minimum depth of fifteen feet (15'). The developer shall also provide the park district with a phase I environmental study and any hazardous materials found on the site shall be removed by the developer prior to conveyance.
c. Stormwater And Surface Water Detention Or Retention Areas: Stormwater and surface water detention and retention areas will be accepted at the discretion of the board of commissioners of the applicable park district, and not count toward the total land dedication.
d. Wetlands And Other Natural Areas: Wetland and other natural areas will be considered acceptable only when they are considered significant in size, quality, uniqueness, contain endangered plants or animal species, or are adjacent to existing natural areas currently owned by the park district. Wetland areas will be accepted at the discretion of the board of commissioners of the applicable park district. Any such wetland area accepted by the applicable park district shall not count toward the total land dedication required herein.
e. Private Recreation Areas: No credit will be given toward the total land/cash contributions for private recreation or open space provided by the developer.
f. Dimensions: Sites should be generally rectangular in shape with dimensions generally proportionate to the ratio of a depth of three (3) to a width of two (2). These criteria shall not apply to sites contemplated for extraordinary types of facilities such as, but not limited to, trails and shoreline frontages.
g. Frontage: Thirty feet (30') of street frontage per acre of land dedicated with a minimum of one hundred fifty feet (150') of frontage.
h. Access: Access to park sites and connections to other park sites are to be provided by way of open accessways between homes and/or from public right of way. The accessways should be, at a minimum, equal to the average lot width within the proposed subdivision.
i. Drainage: Except for stormwater and surface water drainage facilities servicing the park facilities constructed on the site, detention or retention basins for stormwater drainage from the surrounding development will not be located on park sites unless approved by the board of commissioners of the applicable park district.
3. Improvements Required For Land Dedication: Park sites to be dedicated by developer shall include the following land improvements:
a. Utilities: Each dedicated park site shall be provided with the following utilities to the property line:
(1) Sanitary sewer adjacent to the site shall be a minimum of eight inches (8") in diameter. If the sanitary sewer is across the right of way from the park site, the developer shall provide a capped six inch (6") minimum diameter service line to the property line, accessible by a manhole where necessary, and as approved by the city in consultation with the park district.
(2) Water line adjacent to the site shall be a minimum of eight inches (8") in diameter. If the water line is across the right of way from the park site, the developer shall provide a capped one inch (1") minimum diameter water line to the property line, as approved by the city in consultation with the park district, and unless otherwise requested for a special facility.
(3) Storm sewers shall be provided at appropriate locations to properly drain the park site, as approved by the park district.
(4) Other utilities, such as electric, gas and telephone shall be provided adjacent to or at the property line. The utility extension for any development adjacent to the park site shall be at the cost of that developer and the park district shall be responsible solely for utility extensions necessary to construct a park facility. The park district shall not be responsible for utility extensions for any other purpose.
b. Grading: Each dedicated park site shall be graded to drain at a minimum of two percent (2%) for open areas and slopes on berms, when berms are required, shall not exceed four to one (4:1) (3:1 or steeper shall be deemed unacceptable). Grading shall include, but not be limited to: berms for separation, screening or aesthetics; placement of six inches (6") of topsoil and fine grading. Grading and berming shall be in accordance with plans approved by the park district.
c. Other Site Developments: The developer shall be required to provide other site developments for the land to be dedicated for park purposes, which site developments shall include, but not be limited to, the following.
d. Seeding: Seed entire park site with a blend approved by the park district. Seeding shall include placement, watering as necessary and mowing until such time as a full stand of turf is established and accepted by the park district, but not less than one full growing season.
e. Landscaping: Developer shall purchase and install park landscape as approved by the park district, per park district specifications. Landscape shall include (per 2 acres); at a minimum:
5 shade trees - 21/2 inch cal. B&B
3 evergreen trees - 7 foot ht. B&B
6 ornamental trees - 6 foot ht. B&B
20 deciduous shrubs - 30 inch ht. or 7 gal.
15 evergreen shrubs - 18 inch spr. or 5 gal.
All trees will have to be from the city's approved tree list, unless written permission is received from the city.
As an alternative to the landscaping requirements set forth in this subsection B3e the developer may, upon concurrence of the park district, make the following cash contribution in lieu of the required improvement: the sum of three thousand dollars ($3,000.00) per acre; and for each fraction of an acre, an equal fraction of three thousand dollars ($3,000.00).
f. Walks, Utilities And Sewers: Developer shall install all public walks, curb, pavement, sewers and utilities along all park site frontages as per city subdivision regulations.
g. Curb Cuts: Developer shall install curb cuts for maintenance access areas, when parking is not required, as per park district specifications.
h. Bonding Of Park Improvements: At such time as the developer applies for development permits, a bond or irrevocable letter of credit in the amount of one hundred percent (100%) of the value of all park improvements shall be delivered to the park district and inure to the benefit of the park district.
i. Completion: Unless otherwise agreed, the above listed park improvements shall be completed at such time as the residential development reaches fifty percent (50%) completion or at such time as fifty percent (50%) of the residential building permits for the development have been issued, whichever occurs earlier.
j. Storage Of Overburden: The storage of overburden on a park site and the use of the park site as a borrow pit is prohibited, though temporary storage shall be granted in some cases. Terms of such temporary storage shall be determined by the park district. No foreign material shall be added to the park site, except as approved by the park district.
k. Other: The developer will supply the park district with a complete survey of the site and as built drawings, showing engineering and utilities. The developer shall mark the corners of the property with permanent monuments.
C. Reservation Of Additional Lands: Whenever the city's comprehensive plan or the standards established by the applicable park district indicates that a larger site than that required of the developer to be dedicated by this section, and said site is wholly within the proposed subdivision, the park district may request a reservation of additional property adjoining the dedication site for subsequent purchase for park purposes. Such request shall include the designation of specific property to be reserved on the final plat and labeled a letter of intent stating the park district's intent to purchase the property at the fair market value at the time of final subdivision approval. The failure of the park district to initiate acquisition proceedings within sixty (60) days of notice by the city shall cause the termination of the "reserved" designation and will release said property for further development within the subdivision regulations of the city.
D. Criteria For Requiring A Contribution In Lieu Of Park Sites:
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 fair market value of such improved land in and around the park district within the planning jurisdiction of the city is as follows:
Beginning January 1, 2016: One hundred twenty five thousand dollars ($125,000.00) per acre.
Such figure shall be used in making any calculations relating to this policy until evidence dictates raising or lowering this amount. In the event that a subdivider or developer files a written objection with the city clerk objecting to said fair market value figure, and in the event that negotiations fail to achieve an acceptable alternative, the said fair market value shall be determined by three (3) qualified appraisers, one of whom shall be appointed by the city council, or by its duly appointed committee or commission, one of whom shall be appointed by the subdivider or developer, and one of whom shall be mutually agreed upon by the said two (2) appraisers so chosen. The fees and costs of such appraisal shall be borne equally by the city and the subdivider or developer.
2. Dedications Made Prior To Final Plat Approval: The dedications of land and/or cash contributions required by this section shall be made by the developer prior to the approval of a final plat in the case of lands being developed into RO, R1-L, R1-M, R1-H, R2, R3 or R4 zoning districts, prior to the issuance of a building permit in the case of land being developed in an R5 zoning district for which no previous contributions under this section were made. Further, the dedications or contributions required under this section shall be applicable and due when a division of property, or development or redevelopment of property occurs which creates lots or dwelling units in addition to the number of lots or dwelling units existing as of (the effective date hereof), and in such cases be paid upon application for building permit for each additional dwelling unit.
3. Density Formula: The following table of population density is generally indicative of current and short range projected trends in family size for new construction and should be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof:
DENSITY FORMULA FOR ESTIMATED POPULATION PER DWELLING UNIT
Type Of Unit | Total Persons Per Unit | |
Type Of Unit | Total Persons Per Unit | |
Detached single-family: | ||
2 bedroom | 1.989 | |
3 bedroom | 2.987 | |
4 bedroom | 3.807 | |
5 bedroom | 4.419 | |
Attached single-family: | ||
1 bedroom | 1.050 | |
2 bedroom | 1.899 | |
3 bedroom | 2.277 | |
4 bedroom | 3.328 | |
Apartment, condominiums: | ||
Efficiency | 1.000 | |
1 bedroom | 1.190 | |
2 bedroom | 1.659 | |
3 bedroom | 2.814 | |
4. Cash Payments: 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: Land values shall be reviewed by the city council every three (3) years beginning in 2018.
E. Review Of Present Market Value And Density Formula: The present fair market value and 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.
G. City's Authority: No term within this section shall represent a delegation of the city's authority to any particular park district, and the city council shall retain the final authority over application of this section. (Ord. 15-05, 7-6-2015)