§ 151.063  PARK SITE LAND-CASH DONATION REQUIREMENT.
   (A)   Policy determination by Village Board.  The Village Board has determined that a dedication of land for park and recreation sites or 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)   Dedication of park lands or for payment of cash in lieu thereof.  As a condition of approval of all final plats of residential subdivisions, or of final plat of other residential developments, both within the corporate limits and within one and one-half miles of the corporate limits of the village, 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 village, in accordance with the requirements of division (C) below.
   (C)   Criteria for requiring park and recreational land dedication.
      (1)   Amount of land required.
         (a)   The ultimate population density to be generated by a subdivision or development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times the number of required acres per 1,000 population.
         (b)   The total requirement shall be 3.75 acres of park or recreational land, or cash in lieu of land, per 1,000 of ultimate population. Table I below shall be a guideline for park and recreational land distribution.
Table I
Types of Recreation Area
Size Range
Minimum Acres per 1,000 People
Table I
Types of Recreation Area
Size Range
Minimum Acres per 1,000 People
(a) Play lot
Min. 8,000 sq. ft.
NA
(b) School-park
Min. park of 5 acres
NA
(Neighborhood playground)
(To be included within school donation ordinance)
(c) Neighborhood park
Min. 3-1/2 acres
1.00
(d) District-wide park
Min. 4 acres up to 30 acre
1.25
(e) Community-wide recreation
Min. 12 acres up to 30 acres
1.50
TOTAL: 3.75 acres per 1,000 people
3.75
 
         (c)   Example: Development of 100 detached single-family three-bedroom homes with 2.865 people per household (source: Table II under division (C)(2) below):
 
Total Ultimate Population
=
Number of Lots x Ultimate Population for detached single-family three-bedroom homes
=
100
The Required Acreage
Total acres
Total Population
x
for the 1,000 population
= required
   287
x
3.75 acres
1,000
= 1.07625 acres
 
      (2)   Population.
         (a)   Table II shall be the estimated ultimate population per dwelling unit.
         (b)   On property zoned for the construction of single-family detached units, it shall be presumed that 70% of the units shall contain three bedrooms and 30% of all units shall contain four bedrooms. All fractions shall be rounded to the nearest unit. These presumptions may be overcome by the subdivider or developer specifying the units which shall be constructed.
Table II: Table of Estimated Ultimate
Population per Dwelling Unit
Type of Unit
Total per Unit
Detached Single-Family:
Table II: Table of Estimated Ultimate
Population per Dwelling Unit
Type of Unit
Total per Unit
Detached Single-Family:
2 bedroom
1.979
3 bedroom
2.865
4 bedroom
3.673
5 bedroom
3.597
Attached Single-Family (Townhouse, Row House, Quadriplex and the like):
1 bedroom
1.068
2 bedroom
2.074
3 bedroom
2.380
4 bedroom
3.336
Apartments:
1 bedroom
1.360
2 bedroom
1.734
3 bedroom
1.752
4 bedroom
2.786
 
   (D)   Density formula. 
      (1)   The above table of population density 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.
      (2)   In the event a subdivider or developer files a written objection to the table of estimated ultimate population listed herein, he or she shall submit his or her 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 village based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the Planning and Zoning Board by 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.
   (E)   Location and ownership.  Comprehensive park ordinance plans, appropriate standards adopted by affected park districts and adopted municipal and county plans shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable. In a large development, these sites can be located throughout the development according to established standards for park area distances from residential areas. Each park site should have at least 66-foot frontage on dedicated public roads. Full fee simple title to the dedicated park land shall be held by the village of as determined and/or assigned by the Village Board. When necessary, operation and maintenance may be done by a homeowners’ association with the execution of the appropriate legal documents.
   (F)   Time of conveyance or payment.  The subdivider or developer shall convey to the village the land required under this chapter within 30 days after any subdivision plat or final plat of a planned unit development is recorded in the Recorder’s office of the county. All improvements shall be completed within such time as required by the village. A subdivider or developer shall make any cash contribution required under this chapter upon the issuance of a building permit. The money shall be paid to the Zoning Officer of the village.
   (G)   Criteria for requiring a cash contribution in lieu of park and recreation 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 village, 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 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. The village shall hold the donation plus all accumulated interest in a separate account specifically for the acquisition or improvement of park and recreational land and/or acquisition of equipment and buildings for park and recreational land.
   (H)   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. The fair market value for land shall be recommended by the Village Planning and Zoning Board. This valuation recommended by the Planning and Zoning Board 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 evidence showing the fair market value of such improved land in the area of development. Final determination of said fair market value per acre of such improved land shall be made by the Village Board based on such information submitted by the subdivider or developer and from other sources as may be submitted to the Planning and Zoning Board.
   (I)   Criteria for requiring land dedication and cash contribution.  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:
      (1)   Only a portion of the land to be developed is proposed as the location for a park site. The portion shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be dedicated; and
      (2)   A major part of the local park or recreation 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.
   (J)   Credit for private open space and recreation areas.
      (1)   When subdividers or 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 development, a portion of the park and recreation areas in subdivisions or developments may at the option of the village be provided in the form of “private” open space in lieu of dedicated “public” open space. The extent of same shall be determined by the village, based on the type of recreational needs of the projected residents and in conformance to the total park and recreational land requirements for the general area pursuant to Table I above.
      (2)   In general, a substitution of private open space for dedication parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his or her obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the village, and before any credit is given for private recreation areas, the subdivider or developer must establish a permanent system of maintenance with the execution of the appropriate legal documents. 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 or planned unit development and then subtract the credit to be given.
   (K)   Reservation of additional land.  Where the Comprehensive Plan or the standards of the village call for a larger amount of park and recreational land in a particular subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer’s contribution shall be reserved and designated for subsequent purchase by the village or other public body designed by the village; provided that within one year from the approval of the final plat, the designated public body signs a contract to purchase the land or files a condemnation suit in pursuit thereof.
   (L)   Combining with adjoining development.  Where the subdivision or development is less than 40 acres, public open space which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce useable recreation areas without hardship on a particular developer.
   (M)   Improved sites.  All sites shall be dedicated with access to full service of electricity, gas, water, sewer, streets, storm drainage and curb and gutter as applicable and in conformance with the location of the site or acceptable provision made therefor.
   (N)   Shape, topography and grading. 
      (1)   The shape, topography and geology of the dedicated site as well as its surrounding must be suitable for its intended purposes. The bulk of the intensive park or recreation area should have a width/depth ratio of 1 to 2-1/2, unless otherwise accepted by the village.
      (2)   As a general rule, at least 50% of the dedicated land shall be buildable for permanent structures as determined through the appropriate topographical studies and soil tests.
      (3)   All land required for dedication for park purposes shall be in addition to these required by other ordinances or regulations.
   (O)   Severability.  If any provisions 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 valid provisions or application thereof, and to this extent the provisions of this subchapter are declared to be severable.
(Ord. 1999-2, Building § 3, subs. .140, passed 2-15-1999)