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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)
Open space impact fees shall be earmarked for open space acquisition and capital improvements which provide a direct and material benefit to the new development from which the fees are collected. Fees may not be used to cure existing park deficiencies. Open space impact fees must be expended within the same or a contiguous community area from which they were collected after a legislative finding by the city council that the expenditure of fees will directly and materially benefit the developments from which the fees were collected. Community areas are geographic areas which are identified in the City Space Plan and designated pursuant to Chapter 1-14 of the Municipal Code of the City of Chicago.
(Added Coun. J. 4-1-98, p. 65269)
Notes
| 1-14 | 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 funds not expended or encumbered for planning, engineering, acquisition or construction within seven years from the date on which the fees were collected shall be returned to the current property owner. Refunds shall be paid no later than six months after the seventh year triggering the refund.
(Added Coun. J. 4-1-98, p. 65269)
The department of planning and development and any of the affected city departments are hereby directed and authorized to issue administrative regulations and procedures as necessary to implement the provisions of this chapter by the effective date of this chapter, and to periodically review and update such regulations and procedures.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 29)
The Paulina Street Corridor shall consist of all property within the area defined by West Wellington Avenue; North Paulina Street; a line 565 feet south of West Wellington Avenue; a line from a point 565 feet south of West Wellington Avenue and 344 feet east of North Paulina Street to West Wolfram Street, at a point 224 feet west of North Ashland Avenue; West Wolfram Street to a point 130.3 feet east of North Paulina Street; from this point a line parallel to North Paulina Street to the alley next south of and parallel to West Wolfram Street; North Paulina Street; the alley next south of and parallel to West Wolfram Street; North Paulina Street; a line 541 feet south of West Diversey Parkway; the alley next east of and parallel to North Paulina Street; the alley next north of and parallel to West Wrightwood Avenue; North Marshfield Avenue; West Wrightwood Avenue; a line 365.65 feet west of and parallel to North Paulina Street; a line 99.41 feet north of and parallel to West Wrightwood Avenue; a line 409.06 feet west of and parallel to North Paulina Street; a line 141.84 feet north of and parallel to West Wrightwood Avenue; a line 45.04 feet east of and parallel to the Chicago and Northwestern Railroad right-of-way. Notwithstanding the fee schedule set forth in Section 16-18-050 of this chapter, open space impact fees for the Paulina Street Corridor shall be charged according to the following fee schedule:
Size Of Unit (Square Feet) | Open Space Impact Fee (Per Dwelling Unit) |
0 – 799 | $1,044 |
800 – 1,599 | $2,088 |
1,600 – 2,999 | $3,132 |
3,000 and up | $4,176 |
The Developer's share is 100 percent, except units which qualify as “affordable housing”, which shall be charged a flat nominal fee of $100.00 regardless of size.
All other provisions of Chapter 16-18 shall apply to the Paulina Street Corridor, except that no credit will be given for open space or recreational facilities on-site.
(Added Coun. J. 1-20-99, p. 88042)