The cash contributions in lieu of school sites derived in § 153.15 shall be held by the recipient school district solely for use in the acquisition of land for a school site to serve the immediate or future needs of students from that subdivision or development or for site improvements to any existing school site which already serves such needs, which include school buildings or other infrastructure necessitated and specifically and uniquely attributed to the development, subdivision or planned unit development in question.
(A) Use of cash contributions. Infrastructure under this chapter shall be liberally construed to the maximum extent permitted by law and shall include, but shall not be limited to the following:
(1) The development of parking lots, sidewalks, traffic signals, connections with sewer, water and electrical lines, playgrounds, recreation grounds, and athletic fields.
(2) The purchase of any material, goods or equipment necessary to the development and construction.
(3) The construction of buildings, additions to existing school buildings, remodeled or renovated instructional or non-instructional spaces and the purchase or lease of prefabricated classroom
units to be used at a school site. Instructional and classroom equipment incorporated into the school buildings or grounds so as to become fixtures.
FIXTURE shall mean such instructional and classroom equipment which is permanently affixed or attached to a school building, or imbedded in school grounds, by means of cement, plaster, nails, bolts, screws, or other similar method, such that the equipment is not removable without damage to the building or land.
(B) Fair market value.
(1) The cash contributions in lieu of land shall be based on the fair market value of the acres of improved land, as defined in § 153.31(C). It has been determined that the present fair market value of vacant entitled land plus improvements and graded land located in that portion of the village within the corporate limits of:
(a) Frankfort Community Consolidated School District 157-C, Will County, Illinois is $130,000.
(b) Summit Hill School District 161-C, Will County, Illinois is $90,000.
(c) Peotone Community Unit School District 207-U, Will County, Illinois is $85,000.
(d) Matteson Elementary School District 159, Cook County, Illinois is $85,000.
(2) 2004 fair market value. The fair market value shall be automatically adjusted in accordance with division (C) of this section.
(C) Annual adjustment of fair market value. The 2004 fair market value identified in division (B)(2) above and subsequent appraisals accepted and approved by the village as provided herein above shall be automatically adjusted on July 1 of each calendar year, commencing on July 1, 2006. The adjustment of the 2004 fair market value shall be based on the greater of the following calculation in divisions (C)(1) and (C)(2) herein, which calculation and information shall be submitted in writing by the school districts to the village, provided that the school districts are not required to submit a new appraisal, as provided in division (C)(3), each year. Notwithstanding the information provided by other school districts, each school district may, at its own discretion, provide any of the information below, which the specific school district determines properly reflects the increase in fair market value for its district. The districts shall use their best efforts to provide this information to the village at least 60 days prior to July 1:
(1) “CPI” of the United States Department of Labor adjustment. The 2004 fair market value multiplied by a fraction, the numerator of which is the “All Items” Consumer Price Index for Urban Consumers (1982-84 = 100) for Chicago, Illinois, published by the United States Department of Labor’s Bureau of Labor Statistics (“CPI”) for the month of December preceding the year of adjustment and the denominator of which is the CPI for the month of December preceding the month of adjustment. If any index is calculated from a base different from the base period 1982-84 = 100, such index shall be converted to a base period of 1982-84 = 100 by use of a conversion factor supplied by the Bureau of Labor Statistics. If the CPI is discontinued or replaced, such other governmental cost of living index or computation which replaces the CPI shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or replaced.
(2) Equalized assessed valuation adjustment by the County Clerks of Will and Cook Counties, Illinois. A calculation prepared by the district, which is based on the extension documentation prepared by the County Clerk of Will County, or if the property is located in Cook County, the County Clerk of Cook County which establishes the annual percentage increase in equalized assessed valuation of land for each township in the village.
(D) Appraisal. In addition to the annual adjustments provided in division (C)(1) and (C)(2) above, the school districts may from time to time provide the village with an appraisal of the fair market value of entitled, improved land in the village, as defined in § 153.31(C), as determined by an appraisal prepared and certified by a member of the Appraiser Institute submitted by the school districts and approved by the Corporate Authorities. This appraised value shall become fair market value upon review, approval and acceptance by the Corporate Authorities of the village.
(E) Objections. A developer may object to the fair market value provided by this chapter in accordance with this division (E). If a developer fails to object within 30 days after village approval of a final plat of subdivision or the approval of a final plat or a planned unit development, whichever is earlier, such developer waives any and all right to raise an objection at a later time to the fair market value.
(1) Documentation for objections to fair market value of land. The developer shall, at its sole cost, file its objection containing:
(a) An appraisal prepared and certified by a member of the Appraiser Institute showing the fair market value of entitled improved land, as defined in § 153.31(C), in the area of the development;
(b) An engineer’s estimate of probable cost for mass grading and the public and site improvements for the proposed development as provided in this chapter; and
(c) Such other documents it deems establishes the fair market value of entitled and improved land in the area of development.
(2) Submittal of objection documents to interested parties. The developer shall file an original and ten copies of its objection with the Village Clerk and concurrently serve a copy of the objection upon the Village Administrator and the affected school district’s board secretary and superintendent by either certified United States mail return receipt requested or by personal service and provide to the Village Clerk with evidence by affidavit of the method, date or service and persons served and if applicable mailing receipts of such service.
(3) Interested parties’ right to submit documentation. Any affected school district shall have the right, but not the obligation, to file a response to the developer’s objection with the Village Clerk within 30 days after receipt of the objection by the school district. The school district(s) shall serve a copy of its response upon the Village Administrator and the developer by personal service or certified mail and file an affidavit of such service all as provided above.
(4) Disposition of objection. The Corporate Authorities or a hearing officer designated by it shall conduct a hearing on the objection no earlier than 45 days after the developer files its written objection (to the Corporate Authorities). At the hearing the developer and its representatives and the affected school district(s) and its representative will be allowed an opportunity to be heard. Based on the documents submitted by the parties and the information from the hearing, the Corporate Authorities shall make a final legislative determination of the fair market value of an acre of improved land applicable to the proposed development. This determination shall only apply to the proposed development and not to the general fair market value provided in this chapter. Nothing in this division (E) shall be construed as limiting or preventing the Corporate Authorities from utilizing the provisions for fair market value as previously established in this chapter.
(F) Non-use of cash contributions. If any portion of a cash contribution in lieu of school site, is not committed for expenditure for the purposes set forth herein within ten years after the date of receipt, it shall be refunded to the owners of record of all lots, except lots dedicated pursuant to the provisions of this chapter, in the subdivision for which such contribution was made. The refund shall be paid to the person who is the owner of record on the day which is the tenth anniversary of the receipt of such contribution. The amount of the refund due to each lot owner shall be equal to the amount the lot owner actually paid, or if such information is not available, then the amount of the original contribution, divided by the total number of lots in the subdivision (excluding only those lots which were dedicated pursuant to this chapter) for which such contribution was made.
(Ord. 2172, passed 7-5-05; Am. Ord. 2265, passed 2-21-06)