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The purpose and legislative intent of this chapter is to require new residential development to contribute its proportionate share of open space and recreational facilities which directly and materially benefit such development, or fees in lieu thereof, in order to ensure that adequate open space and recreational facilities are available to serve residents of such development.
(Added Coun. J. 4-1-98, p. 65269)
The provisions of this chapter shall apply to all new residential development and rehabilitation which results in the creation of additional dwelling units, except additional dwelling units for which a complete building permit application (with a complete set of drawings) was filed as of the date of passage of this chapter. Replacement housing which does not increase the existing number of dwelling units shall be exempt.
(Added Coun. J. 4-1-98, p. 65269)
Open space impact fees shall be calculated based on the following formula:
Fee = Open Space Need × Open Space Cost × Developer's Share where:
Open Space Need = Number of Dwelling Units × Estimated Household Size × Minimum Open Space Standard (2 acres per 1,000 people); and
Household Size is estimated to increase with the size of the dwelling unit as follows:
Size Of Unit (Square Feet) | Household Size (Persons) |
Less than 800 | 1 |
800 – 1,599 | 2 |
1,600 – 2,999 | 3 |
3,000 and up | 4 |
Open Space Cost = $12.00 per square foot; and
Developer's Share = 30 percent, except units which qualify as “affordable housing” which shall be charged a flat nominal fee regardless of size.
Affordable housing is defined as housing which is sold or rented at or below the maximum price or fair market rents established by the Chicago department of planning and development for the “City Lots for City Living” or “New Homes for Chicago” affordable housing programs. The above-stated maximum price or fair market rents may be modified by the department of planning and development from time to time.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 29)
Based on the formula set forth in Section 16-18-040 hereof, open space impact fees shall be charged according to the following fee schedule:
Size of Unit (square feet)* | Open Space Impact Fee (per dwelling unit)** | Open Space Impact Fee For Affordable Housing (per unit) |
0 – 799 | $313.00 | $100.00 |
800 – 1,599 | $313.00 | $100.00 |
1,600 – 2,999 | $940.00 | $100.00 |
3,000 and up | $1,253.00 | $100.00 |
*Square feet includes only those areas that meet the definition of “floor area ratio” as set forth in Section 17-17-0305 of the Chicago Zoning Ordinance.
**Except “affordable housing” as defined in Section 16-18-040.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 11-8-12, p. 38872, § 241)
Notes
| 17-17-0305 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
Any person applying for a building permit may opt to submit an individualized assessment of impact in lieu of calculation of fees pursuant to the fee schedule in Section 16-18-050 hereof. Individualized assessments shall establish why new open space is unnecessary in the area because of adequate existing open space or why the fees should be reduced because of lower open space costs in the area than those estimated in Section 16-18-040 hereof. Existing open space shall be deemed to be adequate if it meets the goals set forth in the “City Space Plan”.
(Added Coun. J. 4-1-98, p. 65269)
In the case of larger developments which are processed as planned developments, developers are encouraged to provide open space and recreational facilities on-site to serve new residents instead of paying open space impact fees. Credit may be given for open space or recreational facilities within a planned development that satisfy all or most of the goals of the City Space Plan and adequately serve the needs of the proposed new development.
(Added Coun. J. 4-1-98, p. 65269)
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