(A) Generally. As a condition of approval of a final plat of subdivision, or mobile home park or of a final plat of a planned unit development, each subdivider or developer will be required to dedicate land for land for school sites, to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the village, in accordance with the following criteria and formulas.
(B) Criteria for requiring school site dedication.
(1) Requirement and population ratio. The ultimate number of students to be generated by a subdivision, mobile home park, or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. 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 the ratio to the minimum recommended number of acres for a school site of each school classification as stated herein. 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 school classification.
(2) School classifications and size of school site. School classifications and size of school sites within the village shall be determined in accordance with the following criteria:
School Classification | Minimum Number of Students for Each School Classification | Minimum Number of Acres of Land for Each School Site of the Classification |
Elementary Schools, Grades Kindergarten through 5 (K - 5) | 600 students | 11 acres |
Junior High Schools, Grades 6 through 8 (6 - 8) | 600 students | 21 acres |
High Schools, Grades 9 through 12 (9 - 12) | 1,500 students | 50 acres |
(3) Location. The Comprehensive School Plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites.
(C) Criteria for requiring a contribution in lieu of school sites. 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, the village shall require the subdivider or developer to pay a cash contribution in lieu of 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 land for a school site to serve the immediate or future needs of children from that subdivision, mobile home park or development or for the improvement to any existing school site which already serves those needs, but not for the construction of any school buildings or additions. If any portion of cash contribution in lieu of school site is not expended for the purposes set forth herein within 7 years from the date of receipt, it shall be refunded to the person or corporation who made the contribution.
(1) Fair market value. 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. It has been determined that the present fair market value of improved land in and surrounding the village is $10,000 per acre and this figure shall be used in making any calculation herein unless the subdivider or developer files a written objection. In the event of any objection the developer shall submit an appraisal showing the fair market value of improved land in the area of his or her development or other evidence thereof and final determination of fair market value per care of improved land shall be made by the Village Commission based upon information submitted by the subdivider or developer and from other sources which may be submitted to the Village Commission by the school district or others.
(2) Criteria for requiring dedication and a fee. There will be situations in subdivisions, mobile home parks, or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:
(a) Only a portion of the land to be developed is proposed as the location for school site. That portion of the land within the subdivision falling within the or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated; and
(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. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.
(D) Density formula.
(1) The following table of population density in Exhibit “A” attached to Ordinance 1990-10 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 or the cash contributions in lieu thereof unless a written objection is filed by the subdivider or developer.
(2) In the event a subdivider or developer files a written objection to the Table of Estimate Ultimate Population listed herein, he or she shall submit his or her own demographic study showing the estimated additional population to be generated from the subdivision, mobile home park or planned unit development and in that event final determination of the density formula to be used in the calculations shall be made by the Village Commission based upon demographic information submitted by the subdivider or developer and from other sources which may be submitted to the Village Commission by the school district, or others. It is recognized that population density, age distribution, and local conditions change over the years, and the specific formula for the dedication of land or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary.
(E) Presumption. It shall be presumed that the subdivider or developer intends to construct units with the maximum school age population density permitted by the ordinances of the Village of Diamond. This presumption may be overcome by the subdivider or developer specifying the units which shall be constructed.
(F) Reservation of additional land. Where the comprehensive plan or the standards of the village call for a larger amount of land for a school sites in a particular subdivision, mobile home park or planned unit development than the developer is required to dedicate, the land needed beyond the developer’s contribution shall be reserved for subsequent purchase by the village or other public body designated by the village, provided that acquisition is made within one year from the date of approval of the final plat.
(G) Combining with adjoining developments. Where the subdivision, mobile home park, or planned unit 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.
(H) Topography and grading. The slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes.
(I) Improved sites. All sites shall be dedicated 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 therefore. The sidewalks and trees normally included within the definition of “improved” sites may be deleted due to the delay time between dedication of any school site and construction of school facilities thereon.
(J) Improvement requirements. All sites shall be improved in accordance with requirements of the ordinances of the Village of Diamond or the requirements imposed thereunder by the Village Commission with the recommendations of the Diamond Planning and Zoning Commission.
(K) Conveyance.
(1) Subdivider or developer shall convey to the respective school districts the land required under this agreement within 30 days after any subdivision plat or final plat of a planned unit development is recorded in the Recorder’s Office in Grundy County, Illinois, or conditional use permit is granted by the Village Commission of Diamond, Illinois.
(2) All improvements shall be completed within the time as required by the village.
(3) A subdivider, developer, or lot owner shall make any cash contributions required under this section upon the issuance of any building permit by the village.
(4) The amount of each payment of cash shall be determined by the village and subdivider and/or developer at the time of approval of the final subdivision plat or final plat of a planned unit development or conditional permitted use for a mobile home park.
(5) If the development is of such a size that makes the contribution of land contribution impractical, then the contribution of cash in lieu of land shall be made by the purchaser of the lot.
(6) The schedule of payments shall be filed in the office of the Recorder of Deeds, Grundy County, and the office of the Village Clerk of the Village of Diamond, Illinois.
(L) Annexations. The dedications of land or cash contributions in lieu thereof required by this section shall also be required as a condition to the annexation of any land to the village and provisions therefore shall be incorporated in any pre-annexation agreement governing the land.
(M) Effective date. This section shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.
(Ord. 1990-10, passed 7-24-1990)