(A) Annexation. The dedication of land, cash contribution in lieu thereof and donation of capital costs required by this chapter of a platted subdivision shall also be required as a condition of the annexation of any land to the village, and shall be incorporated in any annexation agreement governing such land. However, the village reserves the right to negotiate dedications of land or cash in lieu of land and other donations for other purposes which are greater than those set forth herein.
(B) Indemnification. As a precondition to the school district's collection of school site dedications, and cash in lieu of land donations and the school district shall execute an agreement indemnifying the village and its elected and appointed officials and holding each of them harmless from any damages and costs which arise out of any challenge to the validity of this chapter.
(C) Schedule of donations.
(1) The cash in lieu of land contribution and capital cost donation imposed by this chapter shall be made by a certified or cashier's check payable directly to the applicable school district and held by the school district for use as provided in this chapter.
(2) Fifty percent of any projected cash in lieu of land donation imposed by this chapter shall be due and payable for each unit to be built prior to final plat approval of the subdivision or final approval of a planned unit development. Prior to the issuance of a building permit for each unit to be built, the balance of all cash in lieu of land donations relating to that unit shall be due and payable.
(3) In calculating the total amount of any cash in lieu of land contribution imposed by this chapter, the village shall use the fair market value of property in effect at the time of building permit issuance.
(4) (a) For cash in lieu of land donations due and payable prior to final plat approval of a subdivision or final approval of a planned unit development, the school district shall issue a receipt showing:
1. Total projected cash in lieu of land donation;
2. The total projected capital cost donation; and
3. The amount of the projected cash in lieu of land donation actually paid.
(b) For cash in lieu of land donations payable prior to the issuance of any building permit, the school district shall issue a receipt for each lot or unit, which shows that payment of the full cash in lieu of land donation has been received. Each such receipt issued for donations received prior to the issuance of building permits shall identify the name of the builder/developer requesting the permit and specifically designate the subdivision and lot or unit to which the donation is referred.
(5) At the time the first donation is made, the subdivider shall provide to the school district a copy of the approved plat of subdivision or other document showing all lots that are proposed to be developed. In the event any amendments or changes are made to the approved plat of subdivision, the subdivider shall submit a revised plat of subdivision identifying all lots and showing all changes or revisions which have been made. The school district shall use the plats of subdivision provided to mark off those lots for which the full cash donation has been paid.
(D) Severability. If any provision of this chapter or the application thereof to any person or circumstances is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect the other provisions or applications of this chapter, the invalid provision shall be deemed stricken from this chapter as if it were not a part hereof, ab initio, and the remainder of this chapter shall continue in full force and effect.
(E) Reservation of additional land. Where the Comprehensive Plan or standards of the village call for a larger amount of land for a school site in a particular subdivision or development than the subdivider is required by this chapter to dedicate, the land needed in excess of the required dedication shall be reserved by the subdivider for subsequent acquisition by the village or other public body designated by the village, provided that such acquisition is started within one year from the date of approval of the final plat.
(F) Combining with adjoining developments. School site dedications may be combined with dedications from adjoining subdivisions and developments in order to produce usable school sites without hardship on a particular subdivider.
(G) 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, and shall otherwise comply with the requirements of the village's subdivision regulations. At the discretion of the Village Board, the landscaping normally included within the definition of "improved" sites under the village's subdivision regulations may be omitted due to the delay time between dedication of any such school site and the construction of school facilities thereon.
(H) Dedication at time of approval official plat. Approval of any final plat of subdivision or any final planned unit development plat shall be conditioned upon the dedication of land or cash donations in lieu thereof as required by this chapter. Dedications of such land or cash in lieu thereof may be made at such other time as is specifically approved by the Village Board.
(I) On-site storage. No storage of any equipment and/or material, including spoil materials or topsoil, shall be permitted on any land designated for park and recreational use or for school sites.
(J) Topography and grading. The slope, topography and geology of any dedicated site, as well as its surroundings must be suitable for the building of school facilities. Wetlands, floodplains, floodways and land that serves as a component of any storm water control or retention system shall not be acceptable land donations. Land burdened by highway or any other type of easements or encroachment also shall not be an acceptable land donation.
(Ord. 15-07, passed 10-5-2015)