A. Criteria For Requiring Municipal Land Dedication:
1. Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication as determined by the table of estimated ultimate population per dwelling unit model created by the Illinois School Consulting Service/Associated Municipal Consultants, Inc., latest edition, 1993, section 11-4-5 of this chapter.
2. Land Dedication Requirement: The land dedication requirement shall bear a direct relationship to the existing community standard of municipal property dedicated to the provision of services and for the enjoyment of the residents of the village. The total land dedication requirement for municipal purposes shall be 9.7 acres per one thousand (1,000) of ultimate population.
B. Criteria For Requiring Park And Recreational Land Dedication:
1. Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication as determined by the table of estimated ultimate population per dwelling unit model created by the Illinois School Consulting Service/Associated Municipal Consultants, Inc., latest edition, 1993, section 11-4-5 of this chapter.
2. Land Dedication Requirement: The land dedication requirement shall bear a direct relationship to the existing community standard of park district property dedicated to the provision of services and for the enjoyment of the residents of the village and the Lake Bluff park district. The total requirement shall be 7.3 acres of land per one thousand (1,000) of ultimate population in accordance with the following criteria:
Recreation Area | Size Range | Minimum Acres Per 1,000 Of Ultimate Population |
Playground/minipark | 1 to 3 acres | 0.4 |
Neighborhood park | 3 to 12 acres | 1.4 |
Communitywide park | 12 to 50 acres | 5.5 |
Total | 7.3 |
3. Location: The "Lake Bluff Park District Establishing Land Dedication Standards For Land Developers", adopted November 14, 1977, shall be used as a guideline in locating sites. The type of recreation areas required for a particular site will be ascertained by the existence of facilities to service the area, and the type of recreation area required may be substituted by the village board of trustees so as to achieve the criteria set forth herein. A park site adjoining all elementary school sites of not less than five (5) acres shall be considered a requirement. 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.
4. Credit For Private Open Spaces And Recreation Areas:
a. When developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development, a portion of the park and recreation areas in subdivisions, resubdivisions, multi-family projects, or planned residential developments may, at the option of the village board of trustees, be provided in the form of "private" open space in lieu of dedicated "public" space. The extent of same shall be determined by the village board of trustees, based upon the needs of the projected residents, the following criteria, and in conformance to the total park and recreation land for the general area.
b. In general, a substitution of private open space for dedicated parks will imply a dedication of a substantially greater amount of land as private open space than provided normally, substantially higher degree of improvement and the installation of recreational facilities, including equipment, by the developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the village board of trustees before any credit is given for private recreation areas. The developer must also 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. A copy of "Suggested Criteria For Swimming Pool Development", as adopted by the Lake Bluff park district, shall be used for guidance by the developer. 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, resubdivision, multi-family housing project or planned residential development, and then subtract the credit to be given.
C. Criteria For Requiring School Site Land Dedication:
1. Population Ratio: The ultimate number of students to be generated by a subdivision, resubdivision, planned residential development or multi-family housing project 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: a) estimated children to be served in each such school classification over the b) maximum recommended number of students to be served in each such school classification, as stated herein, and then applying such ratio to the c) said 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 needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication as determined by the table of estimated ultimate population per dwelling unit model created by the Illinois School Consulting Service/Associated Municipal Consultants, Inc., latest edition, 1993, section 11-4-5 of this chapter.
2. School Classifications 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 Grade | Maximum Number Of Students For Each Such School Classification | Minimum Number Of Acres Of Land For Each School Site Of Such Classification Requirement |
Elementary school Grades K – 5 | 600 | 15 |
Junior high school Grades 6 – 8 | 900 | 30 |
High school Grades 9 – 12 | 1,500 | 50 |
3. Location: The standards adopted by the affected school districts shall be used as a guideline for locating sites.
D. Criteria For Requiring Library Land Dedication:
1. Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication as determined by the table of estimated ultimate population per dwelling unit model created by the Illinois School Consulting Service/Associated Municipal Consultants, Inc., latest edition, 1993, section 11-4-5 of this chapter.
2. Land Dedication Requirement: The land dedication requirement shall bear a direct relationship to the existing community standard of library property dedicated to the provision of services and for the enjoyment of the residents of the village. Recognizing the peculiar nature of the library site, the village shall, upon receipt of an impact statement which describes how the new development, subdivision, annexation, planned residential development, or housing project will affect the library, donate a portion of the dedication that the village is entitled to, pursuant to subsection A of this section, to the library for the purposes of alleviating said impact and maintaining service levels to the new and existing residents. The total land dedication requirement of library property shall be 0.05 acre of land per one thousand (1,000) of ultimate population, plus ten percent (10%) of the total municipal dedication, which ten percent (10%) shall be devoted from the otherwise applicable dedication requirements set forth in subsection A of this section.
E. Criteria For Requiring A Contribution In Lieu Of Municipal, Park And Recreational, School And Library Sites:
1. Where the development is small and the resulting site is too small to be practical, or when the available land is inappropriate for municipal, park and recreational, school or library purposes, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contribution in lieu of the land dedication required shall be handled as follows:
a. The cash contributions in lieu of park and recreational land dedications shall be held in trust by the village, or other public body designated by the village, solely for the acquisition of park and recreation land as hereinbefore classified, which will be available to service immediate or future needs of the residents of that subdivision, resubdivision, planned residential development or multi-family housing project or for the improvement of other existing local park and recreation land which already serve such needs.
b. The cash contributions in lieu of municipal sites shall be held in trust by the village solely for use in the acquisition of land for municipal purposes to serve the immediate or future needs of the residents of that subdivision, resubdivision, planned residential development or multi-family housing project, or for the improvement of other existing municipal lands which already serve such needs.
c. The cash contributions in lieu of school sites shall be held in trust by the village or other public body designated by the village, solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision, resubdivision, planned residential development or multi-family housing project, or for the improvement to any existing school sites which already serve such needs.
d. The cash contributions in lieu of library sites shall be held in trust by the village or other public body designated by the village, solely for use in the acquisition of land for a school site to serve the immediate or future needs from that subdivision, resubdivision, planned residential development or multi-family housing project, or for the improvement to any existing library facilities which already serve such needs.
2. If any portion of cash contribution in lieu of municipal, park and recreational, school or library land dedication is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded to the developer who made such contribution by the governmental body holding the money after the expiration of the tenth year.
F. Lots That May Remain Undeveloped:
1. When a developer or subdivider represents that there are no plans to build on or sell any or all of said undeveloped single- family residential lots, the village board of trustees may, at its election, agree to defer the cash contributions therefor otherwise payable thereunder to the first occurring of either the sale of, or the application for a building permit for, each of said lots. In such cases, the amount of the cash contributions shall be based on the fair market value of land, as defined in subsection G of this section, at the time of said sale or application for a building permit, and on the density formula described in subsection I of this section as then in effect, and the developer shall provide the village with such security guaranteeing the payment of such future contributions as the village board of trustees deems appropriate. The obligation to make such future contributions shall be set forth on the recorded plat of subdivision, resubdivision, multi-family housing project, or planned residential development, and no building permit shall be issued for any lot included in said plat until the contributions therefor have been paid.
2. In the event the contributions provided for herein become payable when there are no plans to build a residence on a lot included in said plat, the contributions therefor shall be based on the size of the residence which the village board of trustees, taking into account the location of said property, the trend of residential construction in the village and all other relevant information, then determines what would represent the highest and best use of said lot. (Ord. 95-31, 10-9-1995)
G. Fair Market Value: The cash contributions in lieu of land required pursuant to subsection E of this section 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 municipal, park and recreation, school and library sites. It has been determined that the "fair market value" of improved land in the village is not less than the per acre amount set out in section 1-12-3 of this code, under the category "development fees", and that such figure shall be the minimum used in making any calculation required pursuant to this chapter. The village may, on the basis of a qualified appraisal, establish a valuation for a particular parcel of land which is higher than the per acre amount set out in section 1-12-3 of this code, under the category "development fees". Should the developer object to the minimum valuation or any valuation determined by the village, the developer shall file a written objection thereto and shall submit an appraisal showing the "fair market value" of such improved land in the area of the proposed development or other evidence thereof. Final determination of said "fair market value" per acre of such improved land shall be made by the village board of trustees based upon information submitted by the developer and from sources which may be submitted to the village board of trustees by the affected park district, school district, or others. The minimum valuation set forth herein shall be reviewed annually by the village and adjusted in section 1-12-3 of this code, under the category "development fees", upon determination by the village board of trustees that a change is required. (Ord. 2005-11, 5-9-2005)
H. Criteria For Requiring A Combination Of Land Dedication And A Fee In Lieu Of Land: There will be situations in subdivisions, resubdivisions, planned residential developments, or multi-family projects 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 a municipal, park and recreation, school or library site. That portion of the land within the subdivision, resubdivision, planned residential development or multi-family housing project falling within the municipal, park and recreational, school or library 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.
2. A major part of the municipal, park and recreation, school or library site has already been acquired and only a small portion of the land is needed from the development to complete the site. Those remaining portions shall be acquired by dedication, and a cash contribution in lieu thereof shall be required for any additional land that otherwise would have been required to be dedicated.
I. Density Formula: The table of estimated population per dwelling unit, section 11-4-5 of this chapter, 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 files a written objection to the table of estimated ultimate population per dwelling unit provided herein, the developer shall submit his own demographic study showing the estimated additional population to be generated from the subdivision, resubdivision, planned residential development or multi-family housing project, and in that event, final determination of the density formula to be used in such calculations shall be made by the village board of trustees based upon such demographic information submitted by the developer and from other sources which may be submitted to the village board of trustees by the affected park district, school 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.
J. Reservation Of Additional Land: Where the comprehensive plan or the standards of the village call for a larger amount of park and recreational land or school sites, or for municipal purposes, in a particular subdivision or development than the developer is required to dedicate, the land needed beyond the developer'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 final approval of the subdivision, resubdivision, planned residential development or multi-family housing project.
K. Combining With Adjoining Developments: Where the subdivision, resubdivision, planned residential development or multi-family housing project is less than forty (40) acres, public open space or a school site or municipal site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable municipal, park and recreation, school or library sites without hardship on a particular developer.
L. 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 municipal, park and recreational, school and library uses shall not differ greatly from surrounding land.
M. Improved Sites: All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. (Ord. 95-31, 10-9-1995)