A. Criteria For Requiring A Contribution Of Land Or Cash In Lieu Thereof: 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 shall be required to make a contribution of land for fire station sites to serve the immediate needs of the residents of the development. Said contribution shall be in accordance with subsection A3 of this section. Those properties that have already been annexed into the village in the past eighteen (18) months, but are vacant will also be required to make a similar contribution as set forth in subsection A3 of this section prior to being granted a building permit by the village.
When the development is small and the resulting site is too small to be practical or when the available land is inappropriate for a fire station site, the village, with the concurrence of the district, shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication in accordance with subsection A3 of this section. The cash contribution in lieu of fire protection district land dedication shall be held in trust by the village and shall be used by the district solely for the acquisition of fire station sites, or, if necessary, for new apparatus, which 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 fire stations that already serve such needs or for any other purpose agreed to by the subdivider or developer at the time of platting. The cash contributions in lieu of fire station sites shall be held in trust by the village and shall be used solely for the acquisition of land for fire station sites, or, if necessary, for new fire apparatus, to serve the immediate or future needs of the subdivision or development or for the improvement to any existing fire station site that already serves such needs.
1. 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 that otherwise would have been dedicated as a fire station site. The fair market value, on a per acre basis, shall assume, unless determined otherwise pursuant to subsection A6 of this section, that the land is zoned single-family detached residential for approximately ten thousand (10,000) square foot lots, subdivided with appropriate frontage on a dedicated road, stubbed with village sewer and water, has all appropriate utilities available, is improved as set forth in subsection A5 of this section, and is otherwise property capable of being used for residential development. For purposes of this section, it is assumed that the present "fair market value" of such improved land in and surrounding the village is, as of the effective date of this section, one hundred twenty five thousand dollars ($125,000.00) per acre. This figure shall be adjusted by the village board from time to time with appropriate study and documentation. The "fair market value" as defined above shall be used in calculating any cash in lieu of land contribution herein unless timely objected to as provided in subsection A6 of this section. Objections to the fair market value as defined above shall be made in accordance with subsection A6 of this section to the plan commission. Failure to timely object to the "fair market value" as defined above in accordance with subsection A6 of this section shall thereafter waive any right to raise an objection at a later time.
2. Criteria For Requiring 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 fire station (that portion of the land within the subdivision falling within the location shall be dedicated as a site as stated above, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated); or b) a major part of the local fire station site has already been acquired by the particular district and only a small portion of land is needed from the development to complete the site (the remaining portion shall be required by dedication, and a cash contribution [as determined in subsection A3 of this section] in lieu thereof for the rest of the required land shall be required). (Ord. 1072, 11-10-1999)
3. Fees For Cash In Lieu Of Land: In the event that land is unsuitable for dedications, additional land is not needed, or the subdivider or developer elects to pay cash in lieu of land, the following fees schedule set forth below shall prevail: (Ord. 1297, 5-12-2004)
a. For residential buildings, the cash donation shall be four hundred dollars ($400.00) per dwelling unit; and (Ord. 1426, 2-28-2007)
b. For commercial or industrial buildings, the sum of one and two-thirds cents ($0.0167) per square foot of industrial or commercial development; and
c. Consistent with subsection A7 of this section, the district shall retain the right to negotiate agreements with the developers which do not exceed the formula contained herein.
d. Any negotiated fee must be presented to the village board on or before the time when the final plat is submitted for approval, and in no event shall the negotiation of an impact fee pursuant to this section hold up or delay a plat that is otherwise set for final approval. If no fee has been negotiated at the time of final plat approval, the fee as determined by this section shall apply.
These fees are based upon current data and may be changed at any time. (Ord. 1297, 5-12-2004)
4. Topography And Grading: The slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Wetlands and floodplains may be accepted for village ownership and maintenance, but shall not serve as a credit toward the fire station site contribution. Stormwater detention areas shall not be accepted for village ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the stormwater control system shall not serve as a credit toward the required site contribution. Retention areas shall not be accepted for village ownership and maintenance and shall not serve as a credit toward the required fire station site contribution. A fire station site shall not be less than four (4) acres in area and a headquarters fire station requires five (5) acres. Wetlands, floodplains, detention areas, retention areas, and areas of steep slope shall not be accepted as fire station sites and shall not serve as a credit toward the required fire station site cash in lieu of land contribution.
5. Improved Sites: All sites shall be dedicated in a condition ready for full service of electrical, gas, telephone and other utility lines, water, sewer, and streets (including enclosed drainage and curb and gutter), as applicable to the location of the site, and shall otherwise comply with village code requirements. In addition, all sites shall be suitable for constructing a fire station facility and shall be free of any environmental contamination. The landscaping normally included within the definition of "improved" sites under this code may be deleted due to the delay time between dedication of any such fire station site and the construction of fire facilities thereon.
6. Objections: All objections relating to acreage requirements, presumptions as to fair market value or any other application of this section to a particular subdivision or planned development, shall first be referred to the plan commission for hearing. An objection must be made, if at all, prior to the approval by the village of the final plat. A failure to object by such time shall constitute a waiver of the right to object to the provisions of this section.
a. Duties Of The Plan Commission: The plan commission shall serve in an advisory capacity and shall have the following duties:
(1) Advise and assist the village in resolving objections regarding the fair market value of the land used to calculate the cash contribution in subsection A1 of this section, or any other application of this section to a particular subdivision or planned development.
(2) The village may adopt procedural rules to be used by the plan commission in carrying out the duties imposed by this section.
b. Professional Reports: The village and district shall make available to the plan commission all professional reports relating to the fair market value of land used in calculating these fees or any other issue which may arise under this section. The plan commission may also retain the services of professionals (attorneys, appraisers, statisticians, etc.) to assist them in their review of issues raised by any objection.
7. Condition To Annexation: The dedications of land or cash contribution in lieu thereof required by this section shall also be required as a condition to the annexation of any land to the village, and provisions therefor shall at a minimum be incorporated in any annexation or preannexation agreement governing such land. However, the district reserves the right to negotiate dedications of land or cash in lieu of land or a combination thereof not to exceed the fee set forth herein.
8. Indemnification: As a precondition to the village distributing fire station dedications and/or fees in lieu thereof, the district shall execute an intergovernmental indemnification agreement in the form set forth in exhibit A attached to the ordinance codified herein, available for inspection in the office of the village clerk.
9. Distribution: Unless otherwise specified, the cash in lieu of land contribution imposed by this section shall be collected and held by the village to be distributed in accordance with the standards in this section to the appropriate unit of local government and to be used for the purposes set forth in this section. In the event the district and the developer reach an agreement under subsection A3 of this section, the village recognizes that a private contract has been formed and no distribution will flow through the village.
10. Land And Capital Facilities Acquisition Plan:
a. The district agrees to provide the Village with its plan regarding the purchase of land and capital facilities. The plan will include the following items:
(1) A description of the nature and location of existing fire stations and capital facilities within the district.
(2) An identification of the capacity of each building or fire station site within the particular district and the number of residents served by the district.
(3) A projection of the character and location of new development that is expected to occur within the district during the succeeding ten (10) year period. The district may obtain the information necessary to make this projection from sources such as, but not limited to: municipalities, other units of government, agencies and consultants.
(4) An identification of the amount of land that will be necessary within the district in order to accommodate the demands of such projected new development, and an estimate of the public grounds acquisition costs that will be incurred or have been incurred by the district in acquiring such lands.
(5) A general description of each classification of fire station facilities (including construction, expansion or enhancement of any public facilities and the land improvement, design, engineering and professional costs related thereto) that will be necessary within the district in order to provide emergency medical services and fire protection capacity for the projected new development, and an estimate of the capital facilities costs that will be incurred by each district in constructing such capital facilities.
(6) A schedule for the acquisition of such lands and facilities to meet the projected need (which schedule may be contingent upon the availability of financing).
b. The district must provide the Village with an annual report within sixty (60) days of the end of the district's fiscal year of the use of any impact fees collected by the Village, remitted to the district and spent on appropriate land or capital needs.
11. Time Of Payment: All dedications and fees imposed by this section shall be due and payable upon final plat approval.
12. Miscellaneous: In calculating any cash in lieu of land contribution payable at time of issuance of building permit as provided in subsection A3 of this section, the Village shall use the fair market value as set forth in subsection A1 of this section, one hundred twenty five thousand dollars ($125,000.00) or any amendment thereto and in effect at the time of the contribution and building permit issuance. (Ord. 1072, 11-10-1999)