Developers that donate land under this chapter to a school district shall comply with the following requirements:
(A) Archaeological and environmental audit and indemnification.
(1) Prior to conveyance to a school district of any land, the intended school district shall be furnished with (i) an archaeological report that examines the existence of subsurface items of historical significance and (ii) an environmental risk audit prepared by an environmental professional meeting the minimum requirements of ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(iii) certified to and acceptable to the grantee assuring the grantee that there are no “hazardous substances” or “underground storage tanks” (as hereinafter defined) on, under, to or from the property. This environmental audit shall be what is commonly referred to as a Phase I Environmental Audit, which shall meet the minimum requirements for a Pre-Acquisition Audit as set forth in ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(v) (the “Phase I Audit”). In the event the Phase I audit does not conclude that there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) or pesticide or the presence of an underground storage tank on, under, to or from the property, the developer shall furnish a Phase II Environmental Audit which meets the minimum requirements for a Pre-Acquisition Phase II Environmental Audit as set forth in ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(vi), including a soil toxicity analysis and recommendation from the environmental professional meeting the minimum requirements of ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(iii) which concludes that there is no presence or likely presence of a release or substantial threat of a release of hazardous substances on, under, to or from the subject property, and certifying that in the judgment of the environmental professional there is no reasonable probability that the land contains any hazardous substances in violation of any federal or state environmental standards.
In the event said Phase II Environmental Audit and/or soil toxicity analysis discloses the presence or likely presence of a release or a substantial threat of a release of any hazardous substances or the presence of an underground storage tank at, on, under, to or from the land to be conveyed, the developer shall first cause all such hazardous substances and underground storage tanks to be removed at its sole cost and expense in accordance with all federal, estate and local environmental laws, rules and regulations and furnish the intended grantee with an unconditional “No Further Remediation Letter” (i.e., without restriction or reference to a site safety plan for future excavation and/or construction of and removing soil contamination on the site) from the governmental agencies having jurisdiction over the clean up prior to conveyance of any of the land to the intended grantee. Prior to the conveyance of the land, the developer and the owner of the land to be conveyed, shall execute and deliver to the intended school district, an environmental indemnification agreement in form approved by the applicable school district’s attorney, agreeing to defend, indemnify and hold the village, its President and Board of Trustees, officers, officials, employees, agents, successors and assigns, and the applicable school district and its respective President, Board of Trustees, officers, officials, employees, agents, successors and assigns, harmless from and against any and all liability, claims, damages, causes of action and expenses arising out of the presence of any hazardous substances or underground storage tanks (hereinafter defined) in, under or upon the land to be conveyed prior to the date of conveyance.
(2) The term
HAZARDOUS SUBSTANCE shall mean any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Illinois, the United States Government, or which is
(a) Defined as a “hazardous waste,” “hazardous material,” “hazardous substance,” “extremely hazardous waste,” or “restricted hazardous waste” under any provision of Illinois law;
(b) Petroleum;
(c) Asbestos;
(d) Polychlorinated biphenyl;
(e) Radioactive material;
(f) Designated as a “hazardous substance” pursuant to the Clean Water Act, 33 U.S.C. §§ 1251 et seq.;
(g) Defined as a “hazardous waste” pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901 et seq.;
(h) Defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.;
(i) Defined as a “hazardous substance” under Illinois Environmental Protection Act (IEPA), ILCS Ch. 415, Act 5, §§ 1, et seq.;
(j) Any matter giving rise to liability under any common law theory based on nuisance or strict liability; and
(k) Any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic materials, a hazardous or toxic substance, or other similar term by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future as such statutes, regulations or ordinance may be amended from time to time through the closing.
(3) The term
UNDERGROUND STORAGE TANK shall mean and include all underground storage tanks as defined in Section 9001 of the RCRA, 42 U.S.C. § 6991, and for purposes of this chapter, shall additionally mean and include all underground storage tanks specifically excluded under subparagraphs (a) through (i) of Section 9001 of RCRA, and shall also include any such tanks which would be included in Section 900 l(i) of RCRA but for the fact that they contain hazardous wastes.
(B) Soil conditions. The developer, at its own expense, shall provide to the school district soil boring data, soil compaction test results and such other engineering studies, data and information pertaining to the proposed school site, which the school district may request to enable it to determine the suitability of the proposed land dedication for school site purposes. The school district shall have the right to reject any site which the school district determines, in accordance with sound engineering practices, is not suitable for school site purposes. Soil conditions shall meet the following requirements:
(1) On sites (or those portions of the sites) not requiring fill, the soils shall have a bearing of no less than 3,000 pounds per square foot for building areas, parking lot areas and other areas that will be required to support structures. All open space areas that will be used for sport fields, dry bottom detention facilities or other open space uses, the soils shall have a bearing of no less than 2,500 pounds per square foot. No minimum soil support values are required for areas that will accommodate wetlands, flood plains, riparian ways or wet bottom detention facilities.
(2) On sites (or portions of the sites) requiring fills, only clean clay soil materials with an unconfined compression strength of 2,500 pounds per square inch (prior to compaction) (“clean clay fill”) shall be placed in compacted layers of not more than 12 inches each within five feet of the approved subgrade for the site as determined by the final engineering plans therefor approved by the Village Engineer. For fill below said five feet of compacted clay, only clean clay fill or “Clean Construction of Demolition Debris” as defined in Section 3.160 of the Illinois Environmental Protection Act (ILCS Ch. 415, Act 5, § 3.160) may be used to fill the site, except that in no event shall reclaimed asphalt materials be used as fill material. The fill materials shall be compacted to a minimum of:
(a) Ninety-five percent of modified proctor for those areas of the site that will support buildings, parking lots and other structures;
(b) Ninety percent of modified proctor sport fields, dry bottom detention facilities or other open space uses;
(c) Fills shall be placed in lifts no greater than 12 inches thick;
(d) One compaction test will be required for each 12 inch lift of fill and for every 10,000 square feet of surface area filled;
(e) The village shall receive copies of the compaction tests for each lift prior to the placement of the next lift; and
(f) The filled area shall be graded in a uniform manner in order to provide a surface that will drain freely and not pocket water.
(3) In addition:
(a) Soils shall not differ from those naturally occurring;
(b) Soils shall not offer any restriction to the ultimate use of the property;
(c) Topsoil shall be spread evenly and lightly compacted to a minimum depth of six inches over the entire site;
(d) Topsoil must be good, friable soils with good tillage and shall be without any admixture of subsoil, clay, gravel, stones, debris, refuse, sand or other subsurface elements;
(e) Topsoil shall not be placed in a muddy or frozen condition;
(f) Topsoil shall contain no toxic substances which may be harmful to plant growth; and
(g) Topsoil shall be spread no later than the placement of topsoil on the first lot adjacent to the site.
(C) Topography and grading.
(1) The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Wetlands and flood plains may be accepted for school district ownership and maintenance, but shall not serve as a credit toward the required dedication, unless agreed to in writing by the school district. Storm water detention areas shall not be accepted for ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the storm water control system shall not serve as a credit toward the required school site dedication, unless agreed to by the school district. Wetlands, flood plains, detention areas, retention areas and areas of steep slope shall not be accepted as school sites and shall not serve as a credit toward the required school site cash contribution in lieu of land dedication, unless agreed to in writing by the school district.
(2) In addition, the following site conditions and preparation standards shall be met:
(a) Slope:
1. Should not vary greatly in appearance from existing and adjacent slopes;
2. Optimum slopes range from 2% minimum to 5% maximum. No less than 2% slope is acceptable under any circumstances;
3. Maximum allowable slope is 10%, except under special conditions where greater slopes are desirable to enhance the use of the site; and
4. On-site drainage patterns shall be designated and constructed to ensure flow toward swales and drainage away from active areas.
(b) Grading:
1. Rough grading shall be completed at time of rough grading of adjacent contiguous area;
2. Grading shall comply with village approved plans;
3. Subgrade shall be graded and compacted so it will parallel finished grade;
4. Subgrade material shall be loosened and fine graded to a depth of two to four inches. All stones over four inches in size, sticks, debris, rubbish and other foreign substances shall be removed; and
5. Finished grades shall be uniform in slope between points for which elevations have been established.
(c) Seeding:
1. All proposed school sites shall be seeded and an acceptable stand of grass or vegetation established prior to dedication of the area;
2. Seeding shall be completed during the fall or spring planting times, depending upon the recommended seed planting specifications;
3. Seeding shall be on moderately dry soil on a seed bed which will easily accept and nurture germination of seeds;
4. Seeding shall be watered sufficiently so that the vegetation becomes reasonably established; and
5. The developer shall be responsible for making necessary reparations to the site caused by erosion or other damage. Reparations shall be completed prior to acceptance of the site.
(D) Closing documents.
(1) Title to sites. Title to all sites shall be evidenced by an ALTA survey certified and a title insurance policy for the benefit of the affected school district or districts in the amount of the land value demonstrating insurable title to such land free and clear of all encumbrances.
(2) Real estate taxes. The developer shall be responsible for the payment of all real estate taxes to the date of conveyance, including any agricultural roll back taxes which might be extended or levied against such sites, for any tax years or periods prior to the time of conveyance.
(3) Conveyance. All sites shall be conveyed either by warranty or trustee’s deed to the applicable school district or conveyed directly to the Regional Board and School Trustees for the benefit of the school district. The developer shall be responsible for conveying good, merchantable title to such sites, and shall be responsible for payment of all real estate taxes to the date of conveyance, including any agricultural roll back taxes which might be extended or levied against such sites, for any tax years or periods prior to the time of conveyance.
(Ord. 2172, passed 7-5-05; Am. Ord. 2265, passed 2-21-06)