(A) 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 development, each subdivider or developer shall be required to dedicate land and/or make cash contributions in lieu of land for acquisition of park and school sites; and cash donations for school construction, fire protection, village services, books and library services, and recreation to serve the immediate and future needs of the residents of the subdivision or planned development as herein-after set forth.
(B) Donations required from properties outside village corporate limits.
(1) 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 provisions of this article shall not apply to such land with respect to contributions for village library services or in any other instance where the land is not within the jurisdiction of the governmental entity to which the contribution or donation is to be made.
(2) However, 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 article may request that the village vary the terms of this article by allowing such governmental entity to make its own agreement and/or waiver as to any or all of the donations and amounts thereof required in this article with the subdivider, developer and/or owner of such land. The request shall be made in writing by a resolution adopted by the governing board of such governmental entity. In such an event, the village may, by motion, condition subdivision approval upon compliance with the provisions of this article as the provisions of this article have been modified by the variation and/or waiver.
(C) Donations computed on projected population.
(1) For purposes of computing the amount of land donations or cash contributions in lieu of land for park and school sites, and cash donations for school construction, fire protection, village services, books and library services and recreation that will be required of each subdivision or planned development to enable the village to provide facilities and services to meet the needs of such subdivision or planned development, its projected population density shall be computed in accordance with Table 16-9-13(F) set forth at the end of this article, which is generally indicative of current and short range projected trends in family size by age groups.
(2) Table 16-9-13(F) shall be used for all population estimates unless a subdivider or developer files a written objection to the village data, together with his or her own demographic study showing the estimated population to be generated by his or her subdivision or planned 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 park district, school districts, fire protection district, public library or others. It is recognized that population density, age distribution and local conditions change over the years and that Table 16-9-13(F) is subject to periodic review and amendment, if necessary.
(D) Land contribution to school districts. School sites shall be donated and conveyed to the village in accordance with the following criteria.
(1) Number of students. The ultimate number of students that will be generated by the proposed subdivision or planned development shall be determined in accordance with the current (at the time of plan review) edition of Table 16-9-13(D)(3): School Site Dedication Requirements.
(2) Land donation to school. The amount of land required to be dedicated shall be determined by dividing the estimated number of children in each of the school age brackets hereinafter set forth that will be generated by the proposed subdivision or planned 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.
(3) School classifications 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 K - 5 | 600 students | 11 acres |
Middle Schools, Grades 6 - 8 | 900 students | 29 acres |
High Schools, Grades 9 - 12 | 2,300 students | 53 acres |
*The residents of the village are served by seven different school districts. In the event that an affected school district has a different school classification than as shown in the table above, such school classifications, size of school sites and minimum acres of land set forth in the table above shall be modified to meet the requirements of the affected district.
(4) Location of school site. The comprehensive plan of the village shall be used as a guideline in locating sites.
(5) Improved sites. Prior to conveyance, all sites shall be prepared in accordance with the Unified Development Ordinance and water retention/detention requirements. All sites shall be conveyed in a condition ready for full 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.
(6) School land conveyed to the 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 article which is not used for school purposes within 20 years after it is conveyed to the village shall be reconveyed to the developer.
(E) Cash contribution to school districts.
(1) In addition to the land donation referred to in § 16-9-13(D), or a cash contribution in lieu of land referred to in § 16-9-13(O), 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 development, or for other improvements to the extent required in whole or part by the existence of a school.
(2) The amount of the cash donation shall be determined by multiplying the estimated number of children in the K-12 school age bracket that will be generated by the proposed subdivision or planned unit development times $1,000 per child. The contribution required for school construction shall be regularly updated, pursuant to § 16-9-13(L). Funds contributed by a developer pursuant to this section shall be deposited with the Village Treasurer to be held in a special fund which shall not be used for any purpose other than for payment of the cost of school construction, expansion or rehabilitation or for other improvements to the extent required in whole or in part by the existence of a school. Any interest which accrues shall also be used for the purposes set forth in this section. Any cash donated to the village for school construction or expansion purposes pursuant to this article which has not been expended for those purposes within 20 years shall be refunded to the developer.
(3) 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 at the end of this article in Table 16-9-13(F), or may be expended by the village for construction, maintenance or replacement of physical structures and facilities owned or operated by the village to the extent required in whole or in part by the existence of a school.
(4) This cash contribution is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly 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.
Type of Unit | Pre-School 0 - 4 Years | Elementary Grades K - 5 5 - 10 Years | Junior High Grades 6 - 8 11 - 13 Years | Total Grades K - 8 5 - 13 Years | High School Grades 9 - 12 14 - 17 Years | Adults 18 - Up |
Type of Unit | Pre-School 0 - 4 Years | Elementary Grades K - 5 5 - 10 Years | Junior High Grades 6 - 8 11 - 13 Years | Total Grades K - 8 5 - 13 Years | High School Grades 9 - 12 14 - 17 Years | Adults 18 - Up |
Apartments | ||||||
Efficiency | - | - | - | - | - | 1 |
1-bedroom | - | - | - | - | - | 1.19 |
2-bedroom | 0.038 | 0.065 | 0.021 | 0.086 | 0.035 | 1.5 |
3-bedroom | 0.208 | 0.157 | 0.037 | 0.194 | 0.082 | 2.33 |
Attached Single Family | ||||||
1-bedroom | - | - | - | - | - | 1.05 |
2-bedroom | 0.051 | 0.075 | 0.011 | 0.086 | 0.021 | 1.741 |
3-bedroom | 0.217 | 0.212 | 0.022 | 0.234 | 0.051 | 1.775 |
4-bedroom | 0.333 | 0.316 | 0.166 | 0.482 | 0.18 | 2.333 |
Detached Single Family | ||||||
2-bedroom | 0.125 | 0.12 | 0.026 | 0.146 | 0.018 | 1.7 |
3-bedroom | 0.308 | 0.381 | 0.174 | 0.555 | 0.146 | 1.978 |
4-bedroom | 0.472 | 0.513 | 0.314 | 0.827 | 0.313 | 2.195 |
5-bedroom | 0.402 | 0.26 | 0.42 | 1.04 | 0.327 | 2.65 |
NOTES TO TABLE: | ||||||
There are only three significant categories provided in this chart. Because of the similarity of yields of all types of attached single family, only one category is provided. The same is true with apartments, thus only one category. Because of the short history of some newertypes of single units, both detached and attached individual evaluations may be necessary. | ||||||
(F) Contributions; park sites. Park sites shall be donated and conveyed to the park district in accordance with the following criteria.
(1) Number of residents. The ultimate number of residents that will be generated by the proposed subdivision or planned unit development shall be determined in accordance with Table 16-9-13(F): Estimated Population per Dwelling Unit. The amount of land required to be dedicated for park sites in each subdivision or planned unit development shall be determined by dividing the estimated population of such subdivision or planned development by 1,000 and multiplying the quotient times five and one-half acres of park land required for each 1,000 people.
(2) Location of park sites.
(a) Except for combined school/park sites, as defined in § 16-9-13(J), the comprehensive plan adopted by the village, and the Carol Stream Park District Master Plan shall be used as a guideline in locating sites. If the village or the park district has not planned a park within the subdivision or planned development or the neighborhood in which the subdivision or planned development is located, the park site shall be so located as to be readily accessible to the people within such neighborhood. Play and athletic fields and large park sites must be conveniently accessible to the community at large.
(b) Proper ingress, egress and curb cuts shall be provided. For water areas, provisions must be made for pathway/driveway around these areas for emergency vehicles and police patrol. Provisions for major use of a pathway/driveway for bike riding, walkway, jogging trail and pedestrian traffic shall be made.
(3) Environmental quality.
(a) Land to be dedicated for park sites shall be approved by the village according to its environmental quality, as well as its suitability for active and passive recreational activities. The land is to be dry and usable at all times and not subject to flooding or used as detention. Should a donation include a detention/retention area over and above the five and one-half acres required per 1,000 of ultimate population estimated to be generated by the development, the park district may accept such additional land. No bogs or swamps shall be acceptable as required park sites. Lakes and native prairie wetlands shall not normally be acceptable, but may be approved by the village where the area offers an exceptional amenity or the chance to protect a significant natural resource. No site that has been part of an unlicensed landfill or a toxic waste dump shall be acceptable as required park acreage.
(b) Every effort shall be made to conserve for public use and enjoyment those areas of significant natural and environmental value. Except in those specific areas designated by the village for development as playfields or other active areas, all trees, other plant materials, streams and other natural features shall be retained on land to be dedicated for park site use, unless specifically cited by the village for removal by the developer.
(c) Shape. Dedicated park sites shall be regularly configured to permit efficient park programming, security and maintenance. Sites shall be rectangular, or nearly rectangular, in shape with no interior angle of the boundary line less than 60 degrees, unless specifically approved by the village. Narrow strips of land, small parcels that intrude into adjacent orderly development, or left over parcels that are oddly shaped or located shall be avoided.
(4) Improvements.
(a) Prior to conveyance, all sites shall be prepared in accordance with the village's Subdivision Code and water retention/detention requirements, except as varied by the specific terms of this article. In addition, in the event that a park site includes retention/detention areas, slopes must be mowable and shall not exceed a five to one (5:1) slope. Those areas, where by necessity and subject to the approval of the Village Engineer, the grade exceeds five to one (5:1), must have a covering of flagstone or crown vetch which eliminates the need to mow. All areas must be final graded and seeded to meet park district specifications as to seed mixture.
(b) All sites shall be conveyed in a condition ready for full 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. In addition, location of hydrants shall be made in conformance with village requirements. Provision for water for watering vegetation and flooding for ice skating shall be made where appropriate. Sewers for possible installation of restrooms or shelters at a later date shall be provided. Electricity for street lights for future lighting for shelters and security shall be provided. Security lighting along pathway shall be provided.
(G) Credit for private open spaces and recreation areas.
(1) When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development, a portion of the park and recreational area in subdivisions or planned developments may, at the option of the Village Board, be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the Village Board, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.
(2) In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his or her obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the village, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents.
(H) Reservation of additional land. Where the comprehensive plan of the village calls for a larger amount of park and recreational land or school sites in a particular proposed subdivision or planned development than the developer is required to dedicate, the land needed beyond the developer's contribution shall, if so determined by the Village Board, be reserved for subsequent purchase by the village or other public body designated by the village; provided that, such acquisition is made within one year from the date of approval of the final plat.
(I) Combining with adjoining developments. Where the subdivision or planned development is less than 40 acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer.
(J) Combined school/park sites. The developer and the village may agree that the developer shall dedicate and convey land (or contribute cash in lieu of land pursuant to § 16-9-13(O)) for combined school/park sites in lieu of land donations otherwise required under § 16-9-13(D) and 16-9-13(F) in accordance with the following standards.
(1) The amount and quality of land required to be dedicated for park purposes shall first be determined pursuant to § 16-9-13(F).
(2) The amount of land required to be dedicated for school purposes shall be determined by dividing the estimated number of children in each of the school age brackets hereinafter set forth that will be generated by the proposed subdivision or planned development, by the maximum recommended number of students that can be served in the type of school assigned to such age bracket, set forth in the following table, and multiplying the quotient times the minimum number of acres recommended for a school site, within a combined school/park site, for each school classification hereinafter set forth:*
School Classification by Grades | Maximum Number of Students for Each Such School Classification | Minimum Number of Acres of Land for Each School Site Within a Combined School/Park Site of Such Classification |
Elementary Schools, Grades K - 5 | 600 students | 6-1/2 acres |
Middle Schools, Grades 6 - 8 | 900 students | 8-1/2 acres |
High Schools, Grades 9 - 12 | 2,300 students | 22-1/2 acres |
*The residents of the village are served by seven different school districts. In the event that an affected school district has a different school classification than as shown in the table above, such school classifications, size of school sites and minimum acres of land set forth in the table above shall be modified to meet the requirements of the affected district.
(3) A combined elementary school/park site shall be at least 13 acres in area, of which six and one-half acres shall be conveyed to the park district and the remaining six and one-half acres shall be held by the village for transfer to the affected school district or other entity.
(4) A combined middle school/park site shall be at least 17 acres in area, of which eight and one-half acres shall be conveyed to the park district and the remaining eight and one-half acres shall be held by the village for transfer to the affected school district or other entity.
(5) A combined high school/park site shall be at least 55 acres in area, of which 22-1/2 acres shall be conveyed to the park district and the remaining 22- 1/2 acres shall be held by the village for transfer to the affected school district or other entity.
(6) The standards set forth in § 16-9-13(D), 16-9-13(F), and 16-9-13(N) as to location, improvements and topography shall be applicable to combined school/park sites.
(K) Distribution of plans and plats. Copies of each subdivision plat or planned 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.
(L) Time of conveyance of donations. All land donations required pursuant to this article shall be conveyed no later than the earlier of the following to occur:
(1) Within 180 days after a written demand by the village; and
(2) The fourth anniversary of the approval of the plat of subdivision or planned development by the village.
(M) Title insurance, survey, assessment plats. Each deed or other instrument conveying land to the village or the Park District shall be accompanied by the following:
(1) A written commitment issued by a title insurer licensed to do business in this state to insure that grantee has good merchantable title to such real estate in an amount equal to its value computed pursuant to § 16-9-13(O)(5), 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 20 feet 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 licensed state land surveyor to be in compliance with the state's Land Survey Standards; and
(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 a 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.
(N) Topography and grading. The slope, topography and geology of the dedicated site, as well as its surroundings, must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly from surrounding land.
(O) 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 development is so small that the school or park sites required under the provisions of § 16-9-13(D), 16-9-13(F) and/or 16-9-13(J) will not be large enough for practical development and maintenance as school or park sites, or when the available land cannot meet the standards set forth in § 16-9-13(D) and 16-9-13(F), or is otherwise inappropriate for park or recreational purposes or for a school site, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.
(a) 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(s) 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, but not for the construction, repair or rehabilitation of any school building(s) or addition(s) thereto.
(b) All cash donations shall be apportioned among the affected school districts on a pro rata basis determined by the estimated population to be generated in the subdivision or planned development as set forth in Table 16-9-13(F), set forth at the end of this article.
(2) The cash contribution to be paid in lieu of land donations for park and recreational purposes shall be held in trust by the village or other public body designated by the village solely for the acquisition of park and recreational land which will be available to serve the immediate or future needs of the residents of that subdivision or planned unit development or for the improvement of existing park and recreational lands which predominantly serve such needs.
(3) If any portion of a cash contribution in lieu of park or recreational land donations, or school site donations made pursuant to this article is not expended for the purposes above set forth within 20 years from the date of its receipt, it shall be refunded to the subdivider or developer who made such contribution.
(4) Fair market value: The amount of cash contributions in lieu of land shall be based on the "fair market value" of land in the proposed subdivision or planned unit development improved as specified in § 16-9-13(D), 16-9-13(F) that otherwise would have been donated for park, recreational and school sites. The corporate authorities have determined that the present "fair market value" of such improved land in and surrounding village is $150,000 per acre. Such figure shall be regularly updated pursuant to § 16-7-8-21, and shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such written objection, the developer shall submit an appraisal showing the "fair market value" of such improved land in the area of his or her development or other evidence thereof and final determination of such "fair market value" per acre of such improved land shall be made by the corporate authorities based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the corporate authorities by the park district, school districts or others.
(5) There will be situations in subdivisions or planned developments when, in the determination of the village, a combination of land donation and cash contribution in lieu of land is appropriate. These occasions will arise when:
(a) Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision or planned development falling within the park or school site shall be conveyed as aforesaid, and cash shall be donated by the developer, and cash shall be donated in an amount equal to the difference between the fair market value of the land donated and the fair market value of the land required to be donated under § 16-9-13(D) and 16-9-13(F);
(b) A major part of a local park or recreation site or school site has already been acquired and only a small amount of land is needed from the proposed subdivision or planned development to complete the site. The remaining amount of land shall be donated by the developer, and cash shall be donated in an amount equal to the difference between the fair market value of the land donated and the fair market value of the land required to be donated under § 16-9-13(D) and 16-9-13(F); or
(c) Because of the large number of school districts serving the village, there may be instances where a combination of land donation and cash contributions in lieu of land will be appropriate, and will be decided on a case by case basis in accordance with the criteria set forth in this article. For example, a portion of the land to be developed is proposed as one type of school site, for example elementary, but that there is no site which is suitable for a high school site in accordance with the criteria set forth in this section. In that event, a land donation will be made to the elementary school district and a cash donation will be made to the high school district.
(6) A cash contribution in lieu of land is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly onerous and to assist developers in meeting this financial responsibility, the cash contributions required in this section shall be prorated and payable upon the issuance of the building permit for each dwelling unit.
(P) Contributions; village services.
(1) In order to provide the village with funds to defray the increased cost of providing village services to developers during the construction process and residents of new subdivisions before tax revenues are generated by such new subdivisions or planned developments in the process of construction, a cash contribution in the amount of $360 per person or fraction thereof shall be made to the village on the basis of the estimated ultimate population per dwelling unit determined as set forth in Table 16-9-13(F), set forth at the end of this article. The contribution required for village services shall be regularly updated pursuant to § 16-9-13(T).
(2) This cash contribution is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly 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.
(Q) Contributions; additional school services.
(1) In the event that an affected school district decides by resolution at anytime within five years after approval of a plat of subdivision of planned development that a land donation or cash in lieu of a land donation will not be required by that particular district within the next five years to accommodate the number of students projected to be generated by a proposed subdivision or planned development, but that such projected number of students shall require the hiring of additional teachers and expansion and creation of new programs, in order to provide the affected school district with funds to provide such services before tax revenues are generated by such new subdivision or planned development, a cash contribution in the amount of $333 per student shall be made to the village on the basis of the estimated ultimate population per dwelling unit determined pursuant to the table set forth at the end of this article in Table 16-9-13(F), and all such funds shall be paid over by the village to the affected school district. The contribution required for school services shall be regularly updated pursuant to § 16-9-13(T).
(2) All such donations shall be apportioned among the affected school districts on a pro rata basis determined by the estimated population in the subdivision or planned development as set forth at the end of this article in Table 16-9-13(F).
(3) This cash contribution is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly 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.
(R) Contributions; Fire Protection District. In order to help defray the cost of providing fire protection for residents of new subdivisions or planned developments during the construction process, and before tax revenues are generated by such subdivisions and planned developments in the process of construction, a cash contribution in the amount of $600 per acre shall be paid to the village, prior to the recordation of the ordinance annexing the property. The contribution required for fire services shall be regularly updated pursuant to § 16-9-13(T).
(S) Contributions; public library. In order to help defray the cost of providing library services for residents of new subdivisions or planned developments during the construction process and before tax revenues are generated by subdivisions and planned developments in the process of construction, a cash contribution in the amount of $65 per person or fraction thereof shall be made to the village on the basis of the estimated ultimate population per dwelling unit determined pursuant to Table 16-9-13(F)
, and all such funds shall be paid over by the village to the Carol Stream Board of Library Trustees. The contribution required for library services shall be regularly updated pursuant to § 16-9-13(T).
(T) Updating of required contributions and fair market value. It is recognized that population density, age distribution, land values, the cost of providing park, school and village 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, police, fire, library and administrative services, and the fair market value of land in and around the village shall be reviewed at least every two years and amended if necessary.
(U) Severability. The various provisions of this article are to be considered as severable and if any part or portion of this article shall be held invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article.
(Ord. 2021-05-15, passed 5-3-2021)