§ 151.062  SCHOOL SITE LAND-CASH DONATION REQUIREMENT.
   (A)   Policy determination by Village Board.  The Village Board has determined that a dedication of land for school sites or a cash contribution in lieu of actual land dedication (where the latter is deemed impractical) or a combination of both, shall be required of each residential subdivider or developer.
   (B)   Criteria for requiring school site dedication.  The ultimate number of students to be generated by a subdivision, planned unit development and/or special use permit shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined consistent with the ratios as established by the minimum acreage requirements and the maximum number of students for each school classification in the table set forth in division (C) below.
   (C)   School classification and size of school site.  School classifications and size of school sites within the village’s jurisdiction shall be determined in accordance with the following criteria:
 
School Classification By Grades
Maximum Number of Students for Each School Classification
Minimum Number of Acres of Land for Each School Site Classification
Elementary schools, grades Kindergarten through 5 (K-5)
400 students
15 acres
Junior high schools, grades 6 through 8 (6-8)
500 students
25 acres
Senior high schools, grades 9 through 12 (9-12)
1,000 students
80 acres
 
   (D)   Criteria for requiring a contribution in lieu of school sites.
      (1)   Cash contribution criteria.  Where the development is limited in size and the resulting site is too small to be practical for a school site or when the available land is inappropriate for a school site, the village, with the recommendation of the Board of Education of the school districts affected, shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The formula for determining the required cash contribution in lieu of a land dedication shall be as follows: minimum number of acres of land for each school site divided by maximum number of students for each school classification X estimated student population per dwelling unit X fair market value of improved land = cash contribution. By way of example, the following is provided for future reference.
 
Table A: (Example Only) 3-Bedroom Single-Family Detached Home
School Classification
Minimum Acres of Land for Each School Classification
÷
Maximum Students for Each School Classification
X
Estimated Student Population Per Dwelling Unit
X
Fair Market Value of Improved Acre
=
Contribution for Each School Classification
Elementary
15
÷
400
X
.369
X
$55,000.00*
=
$761.06
Jr. High
25
÷
500
X
.173
X
$55,000.00*
=
$475.75
High School
80
÷
1,000
X
.184
X
$55,000.00*
=
$809.60
* The fair market value is only an example. Actual values shall remain subject to an annual increase and subsequent amendments by the Village Board.
TOTAL
=
$2,046.41
 
      (2)   Collection of fees.
         (a)   The total cash contribution to be required shall be determined prior to the issuance of a residential building permit and paid to the village designee prior to issuance of a building permit. Receipt of payment shall be proof of said payment. The cash contribution required for a residential unit not part of a platted subdivision shall be determined in the same manner as for other residential developments and shall be determined prior to the issuance of a building permit and collected prior to the issuance of a building permit. This section does not apply to renovations, additions or reconstructions of existing residential structures.
         (b)   The cash contributions in lieu of school sites shall be held in trust by the village or other public body designated by the village for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs, or for use in the acquisition of land for a school site or for the improvement or construction of any existing school buildings or site made necessary by the additional children from that subdivision or development in the school district.
      (3)   Refund.  If any portion of a cash contribution in lieu of a school site dedication is not expended for the purposes set forth herein within ten years from the date of receipt, it shall be refunded with accrued interest to the lot owner or owners of those lots for which the contribution was made. The owner or owners shall be determined at the time the date of refund is established.
      (4)   Criteria for requiring land dedication and a fee.  There will be situations in subdivisions or planned unit 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 school site. The portion of the land within the subdivision falling within the school location shall be dedicated as a site as stated earlier, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated; and/or
         (b)   A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication and a cash contribution in lieu thereof shall be required.
      (5)   Fair market value.  The cash contributions in lieu of land shall be based on the fair market value of the acres of land in the area improved as specified in this section, that otherwise would have been dedicated as school sites. The Village Board shall conduct, or may direct the Village Planning and Zoning Board to conduct, a public hearing based upon statutory notice for the purpose of receiving evidence concerning the fair market value of such improved land. The Village Board shall determine the fair market value based upon the evidence at said public hearing. The village, on its own motion or at the request of an affected school district, may from time to time amend this provision to provide for a different fair market value.
      (6)   Dual district - cash distribution.  Dual districts will be treated as they are affected by the impact of the subdivision or development within their territories. Elementary school contributions shall go to the elementary district, junior high school contributions shall go to the junior high district, and high school contributions shall go to the high school district.
   (E)   Conveyance of land.  In the event the subdivider or developer shall be required to convey land to each or any of the respective school districts, the subdivider or developer shall convey to the respective school district the lands required under this agreement within 90 days after final plat approval by the village.
   (F)   Density formula.
      (1)   The following table of estimated ultimate population per dwelling unit 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 subdivider or developer:
Table of Estimated Ultimate Population per Dwelling Unit
Type of Unit
Elementary
Junior High
Total K-8
High School
Total/Unit
Detached Single-Family
Table of Estimated Ultimate Population per Dwelling Unit
Type of Unit
Elementary
Junior High
Total K-8
High School
Total/Unit
Detached Single-Family
2 bedroom
0.136
0.048
0.184
0.020
0.204
3 bedroom
0.369
0.173
0.542
0.184
0.726
4 bedroom
0.530
0.298
0.828
0.360
1.188
5 bedroom
0.345
0.248
0.593
0.300
0.893
Attached Single-Family
1 bedroom
-0-
-0-
-0-
-0-
-0-
2 bedroom
0.088
0.048
0.136
0.038
0.174
3 bedroom
0.234
0.058
0.292
0.059
0.351
4 bedroom
0.322
0.154
0.476
0.173
0.649
Apartments
Efficiency
-0-
-0-
-0-
-0-
-0-
1 bedroom
0.002
0.001
0.003
0.001
0.004
2 bedroom
0.086
0.042
0.128
0.046
0.172
3 bedroom
0.234
0.123
0.357
0.118
0.475
 
      (2)   In the event a subdivider or developer files a written objection to the table of estimated ultimate population per dwelling unit above, said subdivider or developer shall submit his or her own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development, and in that event final determination of the density formula to be used in such calculations shall be made by the Village Board, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the Village Board by the school district or others. It is recognized that population density, age distribution and local conditions change over the years, and the specific formula components for the dedication of land, or the payment of fees in lieu thereof, as stated herein is subject to periodic review and amendment upon verification of current data by the Village Board or its designee.
   (G)   Site condition.  The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading and seeding on sites to be dedicated for school uses will be performed according to plans and specifications provided by the school district.
   (H)   Improved sites.  All sites shall be improved with water, sewer and streets (including enclosed drainage and curb and gutter), and have available to them utilities as applicable to the location of the site, or acceptable provision made therefor. Sidewalks shall be excluded. In addition, school sites shall be fine graded, provided with a minimum of four inches of topsoil and seeded as part of the required land improvements unless otherwise permitted by the Village Board.
   (I)   Real estate conveyance requirements.  The subdivider or 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. After payment of the taxes, evidence of such payment shall be furnished to the village and the grantee. The amount of any general real estate taxes for the year of conveyance shall be prorated to the date of delivery of deed. The amount of the general real estate taxes shall be based on the assessor’s latest known rate, value and equalizer, if any, for the land being conveyed. The subdivider or developer shall furnish the village and the grantee with a survey of the land to be conveyed. A commitment for title insurance issued by a company authorized to do business in this state in the amount of the fair market value of the land shall be required as evidence of clear title. If within 30 days of receipt of the commitment, the village or grantee objects in writing to defects in the title, the subdivider or developer shall have 30 additional days from the date of delivery of such written objections to cure such defects. Conveyance shall occur only after or simultaneously with the passage of an ordinance by the village in which it indicates that the property will be accepted by the village for school purposes.
      (1)   All sites to be dedicated shall be conveyed to the school district either by warranty to trustee’s deed, or such form of conveyance as the school district shall require subject only to the following:
         (a)   Acts done or suffered by, or judgments against the school district, its successors and assigns;
         (b)   General taxes for the year of conveyance and subsequent years;
         (c)   Zoning and building laws and/or ordinances;
         (d)   Public and utility easements of record which are reasonably acceptable to the village and school district;
         (e)   Conditions and covenants of record as contained only in plats of subdivision approved by the village;
         (f)   Rights-of-way for drainage ditches, feeders, laterals and underground tile, pipe or other conduit; and
         (g)   Such other exceptions to title that village and school district shall find acceptable.
      (2)   Each conveyance shall be accompanied by an appropriate affidavit of title. All deeds of conveyance pursuant to this section shall be recorded, at the subdivider or developer’s sole expense, in the office of the Recorder of Deeds of the county.
   (J)   Dedication of land; condition for annexation.  The dedications of land or cash contributions in lieu thereof required by this chapter shall also be required as a condition to the annexation of any land to the village, and provisions therefor shall be incorporated in any pre-annexation agreement governing such land.
   (K)   Use of school lands for park purposes.  The village shall have the right to elect to use for park purposes, without charge, any land dedicated to the schools under this chapter upon written notice to the school districts affected. Upon electing to use the land, the village shall furnish evidence of public liability insurance covering the village and school district in an amount equal to that carried by the school district.
   (L)   Review of provisions. The Planning and Zoning Board shall review the entire school site donation ordinance not less than every five years, except that its failure to do so shall not in any way modify or affect the validity or enforceability of the existing ordinance.
   (M)   Indemnification.  Any public body designated by the village to receive the cash contribution required under this chapter, or to be the grantee of any conveyance required under this chapter, and the actual receipt and acceptance of said land or said funds shall obligate said entity to indemnify and hold the village harmless from any cash payments or land conveyances required by any court of competent jurisdiction if any part of this chapter is held invalid.
(Ord. 1999-2, Building § 3, subs. .130, passed 2-15-1999; Ord. 2007-01, passed 1-2-2007)