(a) Open space impact fees shall be calculated based on the following formula (the fee per dwelling unit being rounded to the nearest dollar before being totaled for the development as a whole):
(1) Fee = Open Space Need × Open Space Cost × Developer’s Share; where:
(2) Open Space Need = Number of Dwelling Units of a particular size which do not qualify as affordable housing units under paragraph (b) of this section × that particular size unit’s Estimated Household Size × Minimum Open Space Standard (2 acres per 1,000 people);
(i) As necessary, repeat this Open Space Need formula for all relevant sizes of units and add together each result to calculate a given development’s total Open Space Need; and
(3) Household Size is estimated to increase with the size of the dwelling unit as follows:
Size Of Unit (Square Feet) | Estimated Household Size (Persons) |
Less than 800 | 1 |
800 – 1,599 | 2 |
1,600 – 2,999 | 3 |
3,000 and greater
| 4 |
(4) Open Space Cost = $12.00 per square foot prior to and including December 31, 2024; and henceforth shall be adjusted as follows:
(i) Beginning on January 1, 2025, Open Space Cost shall increase to $16.00 per square foot; and
(ii) Beginning on January 1, 2026, Open Space Cost shall increase to $20.00 per square foot; and
(iii) Beginning on January 1, 2027, Open Space Cost shall increase to $24.00 per square foot; and
(iv) Beginning on January 1, 2028, and on every January 1 thereafter, the Open Space Cost shall be, the lesser of, (1) the prior year’s cost adjusted by the percentage increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Chicago metropolitan area; or (2) 102.5 percent of the prior year’s Open Space Cost, to reflect current market-rate land values.
(5) Minimum Open Space Standard (2 acres per 1,000 people) = $87.00 per person (rounded to the nearest dollar and based on 43,560 square feet per acre).
(6) Developer’s Share = 30 percent, except units which qualify as “affordable housing”.
(7) Affordable housing units, counted separately from any calculations of the fee formula in subsection (a)(1) or open space need formula in subsection (a)(2) of this section, shall be charged a flat nominal fee of $100.00 per unit regardless of size.
(b) Affordable housing is defined as housing which is sold or rented at or below the maximum price or fair market rents for household income limits up to 120 percent AMI as established by Section 2-44-085 of the Code (the Affordable Requirements Ordinance or the ARO), localized financial statistics updated annually by HUD, and including ARO program rules promulgated by the Department of Planning and Development. The sale or rental price of each unit will be the primary criteria for its status as affordable housing, regardless of the development's or unit’s level of government financial assistance. The above-stated maximum price or fair market rents may be modified by the Department of Planning and Development from time to time. The Department of Planning and Development may also issue a fee schedule similar to the example in Section 10-18-050* with updated rates based on the formulas and values in subsection 10-18-040(a)* without the need to amend this chapter.
* Editor’s note – Nonexistent section references are as set forth in Coun. J. 9-18-24, p. 16622, § 1; future legislation will correct if needed.
(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; Amend Coun. J. 9-18-24, p. 16622, § 1)