As a condition of approval of a final plat of a residential subdivision, or of a final plat of other residential development, each subdivider or developer will be required to dedicate land for park and recreational purposes to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the city, in accordance with the following requirements:
(A) Criteria for requiring park and recreational land dedication.
(1) Amount of land required. The ultimate population density to be generated by a subdivider or development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirements shall be determined by obtaining the total population of the development times the number of required acres per 1,000 population. The total requirement shall be ten acres of park or recreational land, or cash in lieu of land, per 1,000 of ultimate population.
(2) Time of conveyance of land. Previous to, or at the time of execution of the final plat, the Developer must dedicate the total amount of park land as required in division (1) above. The developer shall maintain the property to be donated until all improvements in the subdivision are built, and/or until accepted by the Lockport Township Park District (the Park District). The Park District shall inspect the land to be dedicated and shall receive title to the land upon written approval of all improvements determined under division (E).
(B) Criteria for requiring a contribution in lieu of park and recreations sites. Where the development is small and the resulting site is too small to be practical or when the available land is geologically and topographically inappropriate for park and recreational purposes as determined by the corporate authorities, the corporate authorities shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contribution in lieu of park and recreation land as hereinbefore classified, will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation land needs and not however to include operational expenses.
(1) Time conveyance of payments. The total cash contribution in lieu of land dedication shall be determined prior to the time of final subdivision plat approval. The cash contribution shall be calculated based on a prorated basis using the table of population density developed by the Illinois School Consulting Service/Associated Municipal Consultants, Inc. of Naperville, Illinois, dated 1996 or as updated from time to time by the same consulting firm. Payment shall be made prior to or concurrent with submission of the application for certificate of occupancy for the residential unit. Payment shall be made directly to the park district and evidence of payment shall be presented to the city at the time of the application for certificate of occupancy.
(2) Fair market value. The cash contribution in lieu of land shall be based on the “fair market value” of the acres of fully improved park land in the area after development. Because of the diversity of lands within the city, a single determination of “fair market value” is not possible. The “fair market value” for any particular parcel shall be recommended by the Park District. This valuation recommended by the Park District shall be used unless any subdivider, developer, or public body files a written objection thereto. In the event of any such objection, the subdivider, developer, or public body shall submit an appraisal showing the “fair market value” of such improved park land in the area of development or other evidence. Final determination of said "fair market value" per acre of such improved land shall be made by the corporate authorities based on such information submitted by the subdivider or developer and from other sources as may be submitted to the corporate authorities by affected parties.
(3) Criteria for requiring dedication and a fee. There will be situations in subdivisions or developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:
(a) Only a portion of the land to be developed is proposed as the location for a park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be dedicated;
(b) A major part of the local park or recreation site has already been acquired and only a small portion of the land is needed from the development to complete the site. The remaining portion shall be required by dedication, and a cash contribution in lieu thereof shall be required.
(C) Density formula. In the event a subdivider or developer files a written objection to the most current edition of the population density provided by the Illinois School Service, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or development and in that event, final determination of the density formula to be used in such calculations shall be made by the corporate authorities, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the corporate authorities, park districts or others. It is recognized that population density, age distribution and local conditions may change over time, 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.
(D) Combining with adjoining development. Where the subdivision or development is less than 40 acres and public open area space is to be dedicated; the land shall, where practicable, be combined with dedicated land from adjoining developments in order to produce useable recreation areas without undue hardship on a particular developer.
(E) Improved sites. All sites to be dedicated shall have access to electricity, gas, water, sewer, streets, storm drainage and curb and gutter, as applicable. All sites to be dedicated shall be unencumbered by floodplains, wetlands or stormwater detention facilities. All improved sites shall be seeded and blanketed or mulched, and a healthy stand of grass shall be established prior to acceptance by the Park District.
(F) Shape, topography and grading. The shape, topography and geology of the dedicated site, as well as its surroundings, shall be suitable for its intended purpose(s).
(Ord. 18-008, passed 2-7-18)