As a condition of approval of a final plat of subdivision or of a final plat of a planned unit 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 a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the village, in accordance with the following criteria and formula as set forth in this section:
A. Criteria For Requiring Park And Recreational Land Dedication:
1. Requirement And Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be seven and five-tenths (7.5) acres of land per one thousand (1,000) of ultimate population in accordance with the following classification:
Type Of Recreation Area | Size Range | Minimum Acres Per 1,000 People |
Communitywide recreation park | Minimum 12 acres up to 30 acres | 2.50 acres |
Districtwide park or play field | Minimum 4 acres up to 30 acres | 1.75 acres |
Neighborhood park | Minimum park 31/2 acres | 1.50 acres |
Play lot | Minimum 8,000 square feet | n/a |
School - park (neighborhood playground) | Minimum park 5 acres | 1.75 acres |
Total | 7.5 acres of land per 1,000 people |
2. Location: "The comprehensive park and recreation plan and/or standards by types of recreation and park areas", as adopted by the Mokena community park district shall be used as a guideline in locating sites. 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.
3. Credit For Private Open Spaces And Recreation Areas: 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 the development, a portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the village board, 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 board based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.
In general, a substitution of private open space for dedicated parks will imply a 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, and before any credit is given for private recreation areas, the subdivider or developer must 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 Mokena community public park district shall be used for the guidance of 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 or planned unit development and then subtract the credit to be given.
B. Criteria For Requiring A Contribution In Lieu Of Park Sites: Where development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational 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 park and recreation land dedication shall be paid to and held by the Mokena community park district solely for the following purposes: 1) acquisition of park and recreation land as hereinbefore classified; 2) improvements to existing parks which shall be available to serve the immediate or future needs of the residents of that subdivision or development; and/or 3) construction of new facilities for parks and recreation which will benefit the whole community. (Ord. 1409, 9-12-1994, eff. 11-1-1994; amd. Ord. 1567, 1-26-1998)
1. Fair Market Value: The cash contribution in lieu of land 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 park and recreation sites. It has been determined that the present "fair market value" of such improved land in and surrounding the village is sixty five thousand five hundred dollars ($65,500.00) per acre and such figure shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such objection, the developer shall submit an appraisal showing the "fair market value" of such improved land in the area of his development or other evidence thereof and final determination of said "fair market value" per acre of such improved land shall be made by the village board based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the village board by the Mokena community park district. (Ord. 2003-O-007, 1-27-2003)
2. Criteria For Requiring Dedication And A Contribution: 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 park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
b. A major part of the local park or recreation site had 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.
3. Time Of Conveyance Of Cash Payment In Lieu Of Or In Conjunction With Land Donation: The developer's or subdivider's cash payment in lieu of or in conjunction with land donation, in accordance with the formula herein, shall be made in full, to the Mokena community park district prior to the issuance of building permits. If the village board approves the subdivision or planned unit development in phases, also known as units, and the plat is recorded in phases, then the payment will be due for the total phase prior to the first building permit being issued for said phase. A receipt will be issued by the park district to evidence payment by the developer or subdivider. The park district receipt must be presented, by the developer or subdivider, to the building department as evidence that the park district contribution has been paid pursuant to the terms of this section.
C. Density Formula: The following 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 contribution in lieu thereof unless a written objection is filed thereto by the subdivider or developer:
The estimated population of new residents as herein determined is as follows:
POPULATION GENERATED MULTIPLIERS
Type Of Residential Unit | No. Of Bedrooms | Population Generated |
Type Of Residential Unit | No. Of Bedrooms | Population Generated |
Apartment buildings | 1 | 1.593 |
2 | 2.367 | |
3 | 2.853 | |
Attached single-family | 1 | 1.578 |
2 | 2.468 | |
3 | 3.183 | |
4 | 4.040 | |
Detached single-family | 2 | 2.580 |
3 | 3.510 | |
4 | 3.820 | |
5 | 4.160 | |
In the event a subdivider or developer files a written objection to the table of population generated multipliers contained herein, he shall submit his 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 park district 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 funds in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary.
D. 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 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 approval of the final plat.
E. Combining With Adjoining Developments: Where the subdivision or planned unit development is less than forty (40) acres, public open space which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas without hardship on a particular developer.
F. 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 park and recreational uses shall not differ greatly from surrounding land.
G. Improved Sites: All sites shall be dedicated in a condition ready for full service of electrical, water, sewer, and street (including enclosed drainage and curb and gutter) as applicable to the location of the site or acceptable provisions made therefor.
H. Intergovernmental Agreement: As a condition precedent to the receipt of any funds by the park district as a result of this section, said park district shall execute and deliver to the village an intergovernmental agreement in a form acceptable to the village.
I. Reservation Of Right: The village specifically reserves the right to rescind this section at any time or to compromise any claim brought against it as a result of its effect. (Ord. 1409, 9-12-1994, eff. 11-1-1994; amd. Ord. 1567, 1-26-1998)