§ 153.31 LAND DONATION.
   (A)   Location. School sites shall be located in accordance with plans adopted by the applicable school district. For purposes of this chapter, schools may be located within two miles of the village corporate limits, provided that any such schools actually serve students who reside in the village.
   (B)   Site suitability. Prior to the closing of the purchase of any land for development, the due diligence practice of developers is to secure soil boring data, soil compaction test results, environmental, archaeological, drainage, wetlands, engineering studies, data and information and other studies necessary to evaluate the suitability of the proposed development site (the “development documents”). If any district contemplates locating a school on the proposed development site, the developer, at its sole cost, shall provide its already prepared development documents, and prepare any additional development documents, that pertain to the proposed school site to the applicable school district to enable the school district to determine the suitability of the proposed to be dedicated land for school site purposes. The applicable school district shall have the right to reject any site which in the district’s sole determination, is not suitable for school site purposes. If a school district rejects a proposed site, the developer shall provide an alternative site, or if an additional site is unavailable, then the developer shall provide cash in lieu of the land dedication in accordance with this chapter.
   (C)   Improved land. For purposes of this chapter, IMPROVED LAND shall be defined as vacant, entitled, fully improved land, which includes, but is not limited to improved streets with curbs, gutters, sidewalks, street lights, sanitary sewer, storm sewer, electricity, potable water, gas, telephone, and communication utilities, such as cable and internet, available at the property lines, and fine grading and grass seed. Sanitary sewer and water mains shall be appropriately sized for a school and extended to each school site within a right-of-way or easement designated by the village. Sidewalks shall be provided along all street frontages. At least 20% of the perimeter of the site shall have frontage on not less than two streets. The site shall be developed to the standards set forth in the village ordinances.
   (D)   Additional developer requirements. Any developer that dedicates land to a school district shall comply with the requirements for land donations contained in § 153.32.
   (E)   Reservation of additional land. Where the Comprehensive Plan of the village calls for a larger size school site(s) in a particular proposed subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer’s contribution shall, if determined by the Corporate Authorities, 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.
   (F)   Combining with adjoining developments. Where the subdivision or planned unit development is less than 40 acres, a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable school sites without hardship on a particular developer.
   (G)   Unnecessary land. When, in the opinion of the school district holding title to any parcel of land dedicated under this chapter, any such parcel has become unnecessary or unsuitable or inconvenient, such parcel may be sold as provided by applicable statutory authority and the proceeds shall be held in trust by such school district, solely for such uses as are provided for in this chapter, and the proceeds shall be subject to the ten-year commitment for expenditure requirements from and after the date when the land is converted to cash proceeds.
(Ord. 2172, passed 7-5-05; Am. Ord. 2265, passed 2-21-06)