(A) Incorporation. The preambles to the ordinance codified herein are incorporated by this reference as if set out in full at this place.
(B) Requirement for cash contribution. The village shall require the developer or subdivider of each residential development to pay a cash contribution or impact fee in lieu of land dedications otherwise required for the benefit of the Elwood Fire Protection District (“EFPD”). The cash contributions shall be held in trust by the EFPD solely for the use and acquisition of land for a Fire Protection District site to serve the immediate or future needs of residents from that subdivision or for the improvement to any EFPD site facilities or equipment which already serve the needs of that development. If any portion of a cash contribution in lieu of land dedication is not expended for the purpose set forth herein within 20 years from the date of receipt, it shall be refunded to the developer or subdivider who made the contribution. The cash contribution shall be deposited with EFPD and appropriate proof of payment shall be delivered to the Village Clerk before the issuance to the developer or subdivider of its first building permit for the subdivision or development.
(C) Calculation of cash contribution.
(1) Fair market value. The cash contributions in lieu of land that otherwise would have been dedicated as a Fire Protection District site, shall be based on the “fair market value” of the acres of land in the area improved as specified herein. It has been determined that the “fair market value” of the improved land in and surrounding the village is $83,000 per acre and that figure shall be used in making any calculation herein unless the developer or subdivider files a written objection thereto. In the event of any such objection, the developer or subdivider shall submit an appraisal showing the “
(2) NFPA Standard 1710 (Standard for the Organization and Deployment of Fire Suppression Operation, Emergency Medical and Special Operations to the Public by Career Fire Departments”, 2001 edition). The National Fire Protection Association (“NFPA”) has adopted its Standard 1710 which has established response time standards for Fire Protection and other emergency servicepersonnel which shall serve as a factor in determining EFPD site location and/or cash contributions in accordance with the Contribution Table attached hereto and incorporated herewith as Exhibit “A”.
(D) Dedication of land in lieu of cash contribution. There may be circumstances in subdivisions 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:
(1) Only a portion of the land to be developed is proposed as the location for an EFPD site. The portion of the land within the subdivision falling within the EFPD 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
(2) A major part of the EFPD site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining dedicated portions shall be used to complete the site, while a cash contribution in lieu thereof shall be made to satisfy the requirements of this section.
(E) Location of land dedications. Location of land dedications. The applicable provisions and standards adopted by the EFPD, along with the Comprehensive Plan adopted by the village shall be used as a guideline in locating sites. An EFPD site of not less than one and one-half acres shall be considered a requirement based on existing EFPD facilities. Site classification and size of fire protection district sites within the village shall be determined in accordance with existing EFPD criteria and shall take into account the study completed on behalf of the EFPD.
(F) Intents and purposes.
(1) This chapter is intended to supplement and be consistent with the Village of Elwood Comprehensive Plan.
(2) The purpose of this chapter is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide school facilities, parks, fire protection, village and library facilities, in the Village of Elwood as contemplated by the Village of Elwood Comprehensive Plan and objectives of the Board of Trustees.
(G) Criteria for requiring park and recreational land dedication.
(1) Requirement and population ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement for dedication shall be seven acres of land per 1,000 of ultimate population or fraction thereof in accordance with the Park Land Standards and Guidelines attached hereto as Appendix B and made part hereof.
(2) Location. The Comprehensive Plan as adopted by the Village of Elwood shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable. In large developments these sites can be located throughout the development according to established standards for park area distances.
(3) Credit for private open spaces and recreation areas.
(a) When developers or subdividers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreation services.
(b) Depending on the size of the development, a portion of the park and recreation area in subdivisions or planned unit developments may at the option of the Village Board be provided in the form of a "private" open space in lieu of a dedicated "public" open space. The extent of private or public open space shall be determined by the Village Board, based upon the needs of the projected residents and in conformance with the total park and recreation land for the general area.
(c) In general, 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 or subdivider as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Village Board, and before any credit is given for private recreation areas, the developer or subdivider must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private "swimming clubs" are included in this provision. 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.
(H) Criteria for requiring school site dedication.
(1) Requirements and population ratio. The ultimate number of students to be generated by a subdivision 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 such school classification over the maximum recommended number of students to be served in each such 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. The product thereof shall be the acres of land deemed necessary to have sufficient land for school sites to serve the estimated increase in children in each such school classification.
(2) School classification 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 by Grades | Maximum Number of Students for Each Such School Classification | Minimum Number of Acres of Land for Each School Site of Such Classification |
Elementary Schools, grades Kindergarten through 5th (and/or K-6) | 600 students | 11 acres |
Junior High Schools, grades 6th through 8th (and/or 7th and 8th) | 900 students | 34 acres |
High Schools, grades 9th through 12th (9-12) | 1,500 students | 55 acres |
(3) Location. The standards adopted by the affected school districts, along with the Comprehensive Plan adopted by the village shall be used as a guideline in locating sites.
(I) Criteria for requiring fire protection district site dedication.
(1) Requirement and population ratio. The use and density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirements for dedication shall be in accordance with the following: Fire protection uses 0.03 acres per 1,000 population.
(2) Location. The applicable provisions and standards adopted by the Elwood Fire Protection District, along with the Comprehensive Plan adopted by the village shall be used as a guideline in locating sites. A Fire Protection District site of not less than 0.63 acres shall be considered a requirement based on existing fire protection facilities. Site classification and size of fire protection district sites within the village shall be determined in accordance with existing Fire Protection District criteria.
(J) Criteria for requiring village use site dedication.
(1) Requirement and population ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement for dedication shall be 4.09 acres of land per 1,000 of ultimate population or a fraction thereof in accordance with the following classifications:
(a) Village uses: 4.09 acres per 1,000 population; and
(b) Total for dedication
(2) Location. The Comprehensive Plan as adopted by the Village of Elwood shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable. In large developments, these sites can be located throughout the development according to established standards for village use distances.
(K) Criteria for requiring a contribution in lieu of village, park, school, and fire protection sites.
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 recreation purposes or a school site or for village or fire protection purposes, the village shall require the developer or subdivider to pay a cash contribution in lieu of the land dedicated required. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the village, solely for the acquisition of land, as hereinbefore 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 park and recreation land which already serves the needs of the entire community. The cash contribution in lieu of school sites shall be held in trust by the school district, solely for use in 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 site or facilities which already serves the needs of that development or the entire school district. The cash contribution in lieu of village sites shall be held in trust by the village, solely for the use and acquisition of land for village sites to serve the immediate and future needs of residents of that subdivision or development or for the improvement of any existing village site or facilities which already serves the need of that development. The cash contribution in lieu of Fire Protection District sites shall be held in trust by the Fire Protection District solely for the use and acquisition of land for a Fire Protection District site to serve the immediate or future needs of residents from that subdivision or for the improvement to any Fire Protection District site facilities or equipment which already serves the needs of that development. If any portion of a cash contribution in lieu of land dedication is not expended for the purpose set forth herein within ten years from the date of receipt, it shall be refunded to the developer or subdivider who made such contribution. Said cash contribution in lieu of village, park, school, and Fire Protection District land shall be deposited with the Village Treasurer before the issuance to the developer or subdivider of its first building permit for such subdivision or development.
(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 park, village, school and Fire Protection District sites. It has been determined that the "fair market value" of such improved land in and surrounding the village is $83,000 per acre and such figure shall be used in making any calculation herein unless the developer or subdivider files a written objection thereto. In the event of any such objection, the developer or subdivider shall submit an appraisal showing the "fair market value" of such improved land in the area of his development or other evidence thereof and final determination of said "fair market value" per acre of such improved land shall be made by the Village Board based upon such information submitted by the developer or subdivider and from other sources which may be submitted to the Village Board by the School Districts, Fire Protection District or others.
(2) Criteria for requiring dedication and fee. 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. These occasions will arise when:
(a) Only a portion of the land to be developed is proposed as the location for a Village, Fire Protection District, park or school site. That portion of the land within the subdivision falling within the village, Fire Protection District, park 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;
(b) A major part of the village, Fire Protection District, park or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining dedicated portions shall be required to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.
(L) Density formula. The table of population density attached hereto as Appendix C and made a part hereof 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 thereto by the developer or subdivider. In the event a developer or subdivider files a written objection to Appendix C attached hereto it shall submit its own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development and in that event final determination of the density formula to be used in such calculations shall be made by the Village Board based upon such demographic information submitted by the developer or subdivider and from other sources which may be submitted to school districts, Fire Protection Districts 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.
(M) Reservation of additional land. Where the Comprehensive Plan or the standards of the village require a larger amount of village, Fire Protection District, park/recreational land or school sites in a particular subdivision or planned unit development than the developer or subdivider is required to dedicate, the land needed beyond the developer or subdivider's contribution shall be reserved for subsequent purchase by the village or other public body designated by the village provided that such acquisition is made within one year from the date of approval of the final plat.
(N) Combining with adjoining developments. Where the subdivision or planned unit development is less than five acres, an EFPD site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce a usable EFPD site(s) without hardship on a particular developer or subdivider.
(O) Topography and grading. The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ materially from surrounding land.
(P) Improved sites. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage, curb and gutter) as applicable to the location of the site, or acceptable provision made therefor in accordance with applicable village ordinances. The sidewalks and trees normally included within the definition of “improved” sites may be deleted due to the delay of time between the dedication of any such site and construction of the facilities thereon.
(Q) Security. The total cash contribution to be required shall be determined at the time the final plat is approved. Prior to execution of the final plat by the appropriate village officials, the developer or subdivider shall as security for the payment as determined, provide the village with a letter of credit in the amount as determined from an acceptable banking institution or shall make a cash deposit in an acceptable institution of the total amount required in an interest bearing account, which account shall be drawn from only by the consent of the village in the event that the payments are not paid when due. All interest accrued in the savings account shall accrue to the benefit of the developer or subdivider. The letter of credit as hereinabove provided shall expressly provide that the village may draw against it at any time where the developer or subdivider fails to make the payments due hereunder. Prior to the issuance of any building permit, the developer or subdivider, or the assignees or successors in interest, shall prove payment of the amount of cash required, attributable to the land relating to the building permit, by producing the appropriate receipt(s) at the designated office of the village. The developer or subdivider may apply to the Village Board and President for a reduction of the letter of credit upon payment of the total fees due in quarterly installments.
(R) Exceptions. Dedication of land or payment of cash contributions in lieu thereof as required by this section shall be applicable unless the corporate authorities of the village, in consultation with EFPD officials, determine either that:
(1) The new subdivision or development will not in itself have an impact upon or create a need for fire and/or emergency medical service facilities;
(2) The subdivision or development will have a lesser or differing impact than is provided for herein; or
(3) Any such need is not uniquely attributable to such new subdivision or development. In any such instances, the corporate authorities, in consultation with EFPD officials, may determine that any required dedication of land or payment of cash in lieu thereof may be reduced to reflect the specific impact of any such subdivision or development. The determination in this regard by the corporate authorities of the village shall be binding upon all the parties involved.
(S) Intergovernmental agreement for indemnification. Upon the request of the village and within 30 days thereof, and prior to receiving a dedication of land or a cash contribution in lieu of land, the EFPD shall execute an intergovernmental agreement with the village in which the EFPD agrees to indemnify and hold the village harmless, including all associated costs and reasonable attorney fees incident to any suits filed or claims made in which the validity or application of any section of this chapter is challenged. The selection of counsel to defend any such action shall be by the mutual agreement and consent of the village and the EFPD.
(T) Intergovernmental agreement to establish location. The location of the site shall be subject to an intergovernmental agreement between the village and the EFPD in which the development is located, or, in the absence of an agreement, the village’s Comprehensive Plan. The village recognizes that the ultimate responsibility for development and maintenance of land and facilities lies with the EFPD and shall therefore consult with the EFPD in pursuit of a mutually acceptable location. The ultimate decision as to acceptance of land for an EFPD site or a cash contribution in lieu thereof shall be reserved to the EFPD.
(U) Conveyance of land donation or payment of cash contributions. The land to be dedicated pursuant to this section shall be clearly depicted on the preliminary plat. The EFPD shall inspect the land to be dedicated and shall receive title to the land upon written acceptance of all improvements.
(1) The developer or subdivider shall convey all required land to the EFPD designated by the President and Village Board within one year after the recording of the final plat or final planned unit development plat for the unit in which the site is located or as may be otherwise agreed by the developer or subdivider and the EFPD. When a cash contribution is required, the developer or subdivider shall make the cash contribution for each lot directly to the EFPD prior to the issuance of a building permit for the subject lot. Each EFPD shall thereafter be responsible to account for the sum so deposited, including its use and refund, if appropriate, as set forth herein. Evidence of the conveyance of land or a receipt for the payment of a cash contribution issued by the EFPD shall be submitted to the village when an application for a building permit is filed. The failure to provide sufficient evidence of the required conveyance or cash contribution shall constitute sufficient grounds for the denial of the application for a building permit or, when a building permit has already been issued, revocation of the building permit.
(2) The conveyance of land shall be by warranty deed naming the EFPD as the sole grantee. The deed shall be accompanied by a commitment for a policy of owner’s title insurance naming the EFPD as a proposed insured. All title encumbrances unacceptable to the EFPD shall be removed by the developer or subdivider prior to submitting the deed and commitment for title insurance policy. Both the deed and the commitment for title insurance policy shall be delivered directly to the EFPD. The developer or subdivider shall not record any deed or conveyance. After review of the status of title, the EFPD shall record the deed or, if title is unacceptable, return the deed to the developer or subdivider with an explanation of the title defects. The developer or subdivider shall correct the noted defects and deliver a deed and revised commitment to the EFPD within a reasonable time.
(3) The developer or subdivider shall ascertain the pro rata real estate taxes through the date of acceptance of the deed and commitment for policy of title insurance by the EFPD. The developer or subdivider shall make payment in the amount to the EFPD immediately upon acceptance of the deed and commitment for title insurance policy by the EFPD. The village acknowledges that the EFPD can not be compelled to accept any land dedication that it does not want to accept.
(V) Penalty and enforcement provision.
(1) A violation of this section shall be a misdemeanor punishable according to law. However, in addition to or in lieu of any criminal prosecution, the village or any fee payor shall have the power to sue for relief in civil court to enforce the provisions of this section.
(2) Anyone knowingly furnishing false information to any official or the Village President on any matter related to the administration of this section shall constitute a violation thereof.
(W) Appeal. Any decision made by the Village President or Treasurer, his or her designee or the Building Official in the course of administering this section may be appealed in accordance with the procedures set forth in the village municipal code.
(X) Arbitration. In the event any dispute arises concerning the application of this section, at its sole option, the Village Board may seek resolution of the dispute through arbitration, mediation or any other acceptable form of alternative dispute resolution.
(Y) Authority to establish guidelines.
(1) The corporate authorities of the village shall have at all times the power and authority to establish or amend the criteria for land dedications or contributions in lieu thereof as contemplated in this section.
(2) The schedule in division (Z) below may be amended and replaced by official corporate action pursuant to the authority granted in this section.
(Z) Exhibit A; contribution table. The following formula will be utilized to calculate fire protection district impact fees for all residential development within the village: density (homes/acre) x 640 (acres/square mile) x $83,000.00 (FMV/acre) x 8 = Total needs of EFPD (2 stations + training facility) Total needs x contribution value (as identified in the Time Response Study/Exhibit 4) = cash contribution.
Response Time to New Development | Contribution/ Home | Contributory Value | Cash Contribution/Home |
Zero to two minutes | $345.83 | 50% | $172.92 |
Two to four minutes | $345.83 | 75% | $259.37 |
Greater than four minutes | $345.83 | 100% | $345.83 |
(Ord. 772, passed 11-17-2004; Am. Ord. 798, passed 1-18-2006)