§ 154.85 DEDICATION OF PARK LANDS AND SCHOOL SITES REQUIRED; PAYMENT OF FEES IN LIEU THEREOF; FORMULA.
   (A)   As a condition of approval of a final plat of subdivision or of a final plat of planned unit development, each subdivider or developer will be required to dedicate land for park and recreation purposes and land for school sites to serve the immediate and future needs of the residents of the development, or cash contributions in lieu of actual land dedication, or a combination of both, at the option of the village upon recommendation of the Board of Commissioners of the Channahon park districts and the school districts affected, in accordance with the criteria and formula set forth by this section.
   (B)   Criteria for requiring land dedication.
      (1)   Park and recreational land dedication.
         (a)   Requirement and population ratio.
            1.   The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication.
            2.   The total requirement shall be 6.25 acres of land per 1,000 of ultimate population in accordance with the following classifications:
Types of Recreation Area
Size Range
Minimum Acres per 1,000 People*
Minimum Acres per 1,000 People
Types of Recreation Area
Size Range
Minimum Acres per 1,000 People*
Minimum Acres per 1,000 People
Play lot
Minimum 8,000 square feet
Not applicable
0.75
School park (neighborhood park playground)
Minimum 5 acres
1.25
1.75
Neighborhood park
Minimum 31/2 acres
1.25
1.75
District-wide park or play field
Minimum 4 acres up to 30 acres
1.5
2
Community-wide recreation park
Minimum 12 acres up to 30 acres
2.25
2.75
Total
6.25 acres of land per 1,000 people
9
* Population figures are obtained from the table of estimated ultimate population per dwelling unit in § 154.86
 
         (b)   Location.
            1.   The location of the site to be dedicated shall be determined by the Board of Trustees upon recommendation of the Planning and Zoning Commission and the Channahon Community Park District, taking into account the suitability of the site for park and recreational purposes, and its relationship to population concentrations.
               a.    A central location that will serve equally the entire development is most desirable.
               b.   In large developments, these sites can be located throughout the development, according to standards for park distances established by the comprehensive plan of the Channahon Community Park District.
            2.   While the ultimate decision as to the final location of any park site or the acceptance of a cash contribution in lieu thereof must be reserved to the village, the village recognizes that the ultimate responsibility for development and maintenance of recreation land and facilities lies with the Channahon Park District.
            3.   The village shall provide the park district with copies of all preliminary plats submitted to the village, and request that the park district submit its comments to the village.
            4.   The village acknowledges that the park district cannot be compelled to accept any land dedication that the park district does not want to accept.
            5.   In the event the park district refuses to accept a parcel of land, which has been selected to be set aside pursuant to the provisions hereof, the village:
               a.   May require cash contributions in lieu of the dedication of the parcel of land; or
               b.   May, at its sole option, require dedication or conveyance of the parcel to:
                  (i)   The village; or
                  (ii)   Such other person or organization as the Village Board of Trustees determines to be best suited to meet the recreational needs of the residents.
         (c)   Credit for private open spaces and recreation areas.
            1.   When subdividers or developers provide private recreation areas and facilities, it may have the effect of reducing the demand for local public recreational services.
               a.   However, such private areas and facilities are difficult or impossible to develop and maintain because ownership usually is surrendered to the adjacent owners or a homeowners' association, who might not have the personnel or the financial resources for maintenance and improvement.
               b.   Nevertheless, there may be instances in which the public is better served by providing for private recreation areas and facilities in lieu of public ones.
               c.   Credit for private recreation areas and facilities may be allowed only where the Village Board of Trustees has made a determination that private recreational areas, in lieu of or in conjunction with publicly dedicated recre-ational areas, will, by reason of the type of develop-ment, better serve the interests of the public than where wholly public dedications are required.
            2.   Where allowed, 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.
               a.   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.
               b.   Private “swimming clubs” are included in the provision.
               c.   When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park-land dedication that would have been required from the subdivision or planned unit development, and then subtract the credit to be given for such private areas as determined by the Village of Board Trustees.
         (d)   Improvements by developer.
            1.   All land donated pursuant to this section to either the village or the Channahon Park District and all land reserved as private recreation areas, as provided herein, shall be fully improved by the developer or subdivider.
            2.   All property shall be dedicated or reserved in a fully improved condition ready for service of electricity, gas, water and sewer service; streets, including sidewalks, enclosed drainage, curbs and gutters shall be installed in compliance with ordinances of the village.
            3.   To ensure the timely installation of such improvements the village may require the posting of a bond in the form of an irrevocable letter of credit in a form and from a financial institution that are both acceptable to the village.
            4.   This letter of credit shall be in the amount of 120% of the cost of the required public improvements as estimated by the Village Engineer and in accordance with all requirements of the village Subdivision Ordinance.
            5.   This bond or letter of credit may be reduced upon under the conditions and in the same manner as is required by the village Subdivision Ordinance.
         (e)   Criteria for requiring a contribution in lieu of park sites.
            1.   Requirement and use of contributions.
               a.   Where the development is “small” and the resulting site is too small to be practical, or when the available land is inappropriate for park and recreational purposes, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.
               b.   In considering whether a development is “small” as used herein, the village may consider whether the total number of proposed dwelling units will produce less than the minimum number of people for one park of each park classification in accordance with this section.
               c.   The cash contributions in lieu of park and recreation land dedication shall be paid to the village prior to the issuance of building permits for any building or structure in the subdivision or planned unit development.
               d.   The village shall turn over to the Channahon Park District all dollars actually collected under this section bi-annually as determined by the village.
               e.   Such contributions shall be used solely for the acquisition or improvement of park and recreation land as hereinabove classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation land that already serves such needs.
               f.    Improvements under this section shall be liberally construed and shall include, but shall not be limited to, the development of parking lots, sidewalks, traffic signals, arterial streets,collector streets, internal roadways, playgrounds, recreation grounds, athletic fields, and connections with sewer, water and electrical lines.
               g.   Improvements shall also include the purchase of any material, goods or equipment necessary to the development and construction.
               h.   Improvement shall further include the construction of buildings and additions to existing buildings.
         (f)   Fair market value as the basis of contribution.
            1.   The cash contributions in lieu of land 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 park sites.
            2.   It has been determined that the present fair market value of such improved land in and surrounding the village is $45,000 per acre.
               a.   Such figure shall be used in making the calculation for park contributions;
               b.   Unless the subdivider or developer of a planned unit development files a written objection thereto.
            3.   In the event of any such objection:
               a.   The subdivider or developer of a planned unit development shall submit an appraisal showing the fair market value of such improved land in the area of his or her subdivision or planned unit development, or other evidence thereof; and
               b.   Final determination of the fair market value per acre of such improved land shall be made by the Village Board, based upon such information submitted by the subdivider or developer of a planned unit development, and from other sources that may be submitted to the Village Board by the Park District, school districts, or others.
            4.   The current table of the estimated ultimate tabulation per dwelling unit of population density as found in § 154.86 is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the amount of required dedication of acres of land and any combination of land dedication and cash contribution. For purposes of this section, the current table shall mean that most recent table of estimated ultimate tabulation per dwelling unit published by the Illinois School Consulting Service as applied simultaneously with the request for approval of the final plat of subdivision or planned unit development pursuant to the ordinances of the village.
            5.   In cases where the village requires a combination of site dedication and cash contribution, the amount of the required cash contribution, as herein set forth, shall be reduced by the percentage of land required to be but not dedicated.
            6.   For example, if the projected impact of a development requires 9.0 acres of land to be dedicated and it is determined to instead require dedication of one-half the amount of required land (i.e.4.5 acres) and to require a cash contribution in lieu of the balance of land, then the dollar amount required by this section shall be reduced by one-half.
         (g)   Criteria for requiring land dedication and a cash contribution.
            1.   There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary.
            2.    These occasions will arise when:
               a.   Only a portion of the land to be developed is proposed as the location for a park site.
                  (i)   That portion of the land within the subdivision or planned unit development falling within the park location shall be dedicated as a site as aforesaid; and
                  (ii)   A cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
               b.   A major part of the park site has already been acquired and only a small portion of land is needed from the development to complete the site.
                  (i)   The remaining portions shall be required by dedication; and
                  (ii)   A cash contribution in lieu thereof shall be required.
      (2)   School site dedication.
         (a)   Requirement and population ratio.
            1.   The ultimate number of students to be generated by the subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites.
            2.   The land dedication requirement shall be determined by obtaining the ratio of estimated children to be served in each school classification over the maximum recommended number of students to be served in each school classification as stated herein, and then applying such ratio to the minimum recommended number of acres for a school site of each such school classification as stated herein.
            3.   The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children on each such school classification.
         (b)   School classification and size of school site. School classifications and size of school sites within or serving the village shall be determined in accordance with the following criteria:
 
School Classification by Grades
Maximum Number of Students for each School Classification
Minimum Number of Acres for each Such Classification
Elementary schools, grades kindergarten through 6
600
17 acres
Junior high schools, grades 6 through 8
900
30 acres
High schools, grades 9 through 12
1,500
60 acres
 
         (c)   Location.
            1.   The location of the site to be dedicated shall be determined by the Village Board of Trustees upon recommendation of the Board of Education of the school district having or to have jurisdiction of the school to be erected on the site, taking into account the comprehensive school plan and the standards adopted by the affected school district as a guideline in locating sites.
            2.   The Village Board of Trustees shall not select the site without allowing opportunity for the Board of Education of the school district affected to make recommendations with respect thereto.
   (C)   Criteria for requiring a contribution in lieu of park and school sites.
      (1)   Requirement and use of contributions.
         (a)   Where the development is "small" and the resulting site is too small to be practical or when the available land is inappropriate for a school site, and it is determined by the village, after recommendation by the affected school district, not to require the dedication of land, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.
         (b)   In considering whether a development is “small” as used herein, the village may consider whether the total number of proposed dwelling units will produce less than the maximum number of students for one school of each school classification in accordance with this section.
         (c)   The cash contributions in lieu of school sites shall be paid to the village prior to the issuance of building permits.
         (d)   The village shall turn over any and all dollars actually collected for such fees to the appropriate school districts annually.
         (e)   Such contributions shall be used solely for the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school sites and buildings that already serve such needs.
         (f)   Improvements.
            1.   Improvements under this section shall be liberally construed and shall include, but shall not be limited to, the development of parking lots, sidewalks, traffic signals, arterial streets, collector streets, internal roadways, playgrounds, recreation grounds, athletic fields, and connections with sewer, water and electrical lines.
            2.   Improvements shall also include the purchase of any material, goods or equipment necessary to the development and construction.
            3.   Improvements shall further include the construction of buildings, additions to existing school buildings, remodeled or renovated non-instructional spaces in classrooms, and the purchase of prefabricated classroom units to be used at a school site.
      (2)   Fair market value as the basis of contribution.
         (a)   The cash contributions in lieu of land 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 school sites.
         (b)   It has been determined that the present fair market value of such improved land in and surrounding the village is $45,000 per acre.
            1.   Such figure shall be used in making the calculation for school contributions;
            2.   Unless the subdivider or developer of a planned unit development files a written objection thereto.
         (c)   In the event of any such objection:
            1.   The subdivider or developer of planned unit development shall submit an appraisal showing the fair market value of such improved land in the area of his or her subdivision or planned unit development, or other evidence thereof; and
            2.   Final determination of the fair market value per acre of such improved land shall be made by the Village Board, based upon such information submitted by the subdivider or developer of planned unit development, and from other sources that may be submitted to the Village Board by the park district, school districts or others.
   (D)   Criteria for requiring land dedication and a contribution.
      (1)   There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary.
      (2)   These occasions will arise when:
         (a)   Only a portion of the land to be developed is proposed as the location for a school site.
            1.   That portion of the land within the subdivision or planned unit development falling within the school location shall be dedicated as a site as aforesaid; and
            2.   A cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
         (b)   A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site.
            1.   The remaining portions shall be required by dedication; and
            2.   A cash contribution in lieu thereof shall be required to fulfill the obligations of that development.
(Ord. 174, passed 2-20-78; Am. Ord. 549, passed 10-2-89; Am. Ord. 572, passed 5-19-90; Am. Ord. 841, passed 4-3-95; Am. Ord. 842, passed 4-3-95; Am. Ord. 1233, passed 5-20-02; Am. Ord. 1374, passed 3-21-05; Am. Ord. 1432, passed 7-17-06; Am. Ord. 1712, passed 10-15-12)