A. Use Of Cash Contribution For Small Developments: When the 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 or school, fire/rescue or library sites, or is in conflict with the approved comprehensive school plan, the Village, with the concurrence of the affected district, shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication. (Ord. 915, 2-13-2003)
B. Use Of Cash Contribution By School District: The cash contributions in lieu of dedication of school sites shall be collected and held in trust by the Village or other public body designated by the Village, and shall be used for the acquisition of land for school sites to serve the immediate or future needs of children from that subdivision or development, or for the improvement to any existing school site that already serves such needs, or for the construction of school buildings or additions thereto in accordance with Public Act 93-0330 1 , or for any purpose defined by agreement with the subdivider at the time of platting. (Ord. 1150, 11-19-2008)
C. Use Of Cash Contribution By Park And Recreation: The cash contribution in lieu of park and recreation land dedication shall be held in trust by the Village and shall be used solely for the acquisition of park and recreation land as classified above, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the expansion of other existing local park and recreation lands that already serve such needs or for any other lawful park purpose or for any park purpose agreed to by the subdivider or developer at the time of platting.
D. Use Of Cash Contribution By Library District: The cash contribution in lieu of a library site dedication shall be held in trust by the applicable library district or other public body as designated by the library district and shall be used for the acquisition of library land as required herein, which will be available to serve the immediate or future needs of the residents of that subdivision or development, or for the expansion of existing or proposed library facilities that already serve or will serve such needs, or for any other lawful purpose agreed to by the subdivider or developer at the time of platting.
E. Use Of Cash Contribution By Fire Protection District: The cash contribution in lieu of fire/rescue sites shall be held in trust by the applicable fire protection district or other public body as designated by the fire protection district and shall be used for the acquisition of land for fire/rescue facilities or training sites to serve the immediate and future needs of the residents of that subdivision or development, or for the expansion of any other existing fire station or training site that already serves such needs, or for any other lawful fire/rescue purpose agreed to by the subdivider or developer at the time of platting. (Ord. 915, 2-13-2003)
F. Refunds: If the Village Board takes formal action to declare that it has no intention to expend any portion of a cash contribution in lieu of park and recreation or fire/rescue land dedication or dedication of library and/or school sites for the purposes set forth herein, it shall be refunded by the entity holding the contribution to the record owner of the subdivided land at the time of the refund, if there is more than one record owner of the subdivided land or of the land that comprises the planned development, as applicable, such record owners shall share in the refund pro rata based on the cash contributions originally paid by each property. (Ord. 1346, 6-26-2019)
G. 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 park and recreation, library, fire/rescue and school sites. The fair market value, on a per acre basis, shall assume, unless determined otherwise pursuant to this chapter, that the land is zoned in a One-Family Dwelling Residential Zoning District, subdivided with appropriate frontage on a dedicated street or road, has all appropriate utilities available, is improved as set forth herein, and is otherwise property capable of being used for residential development. Based upon a study of comparable real estate transactions, it has been determined that the present "fair market value" of such improved land in and surrounding the Village is, as of the effective date hereof, as follows:
1. Two hundred twenty two thousand six hundred dollars sixty four cents ($222,600.64) per acre for purposes of locating an elementary or junior high school within School Districts 95 and 220, and a high school in School District 95.
2. Three hundred ninety seven thousand five hundred one dollars fifteen cents ($397,501.15) per acre for purposes of locating a new high school or adding on to the existing high school in School District 220.
3. One hundred eleven thousand three hundred dollars thirty two cents ($111,300.32) per acre for purposes of locating a park 2 .
4. Two hundred twenty two thousand six hundred dollars sixty four cents ($222,600.64) per acre for purposes of locating a fire station 3 .
5. Three hundred ninety seven thousand five hundred one dollars fifteen cents ($397,501.15) per acre for purposes of locating and/or adding on to the existing library 4 .
The above figures 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 dedication herein unless timely objected to as provided in section 9-6-17 of this chapter. Objections to the fair market value as defined above shall be made in accordance with said section 9-6-17 of this chapter to the Plan Commission. Failure to timely object to the "fair market value", as defined above, in accordance with section 9-6-17 of this chapter shall thereafter waive any right to raise an objection at a later time. (Ord. 1150, 11-19-2008)
H. Combination Of Land Dedication And Cash Contribution: There will be situations in subdivisions or planned developments when a combination of land dedication and a cash 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 library, park, fire/rescue or school site (that portion of the land within the subdivision falling within the library, park, fire/rescue or school 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 2) a major part of the local library, park, fire/rescue or school site has already been acquired by the particular district or the Village, 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 in lieu thereof for the rest of the required land shall be required). (Ord. 915, 2-13-2003)
Notes
| 1 | 1. 65 ILCS 5/11-12-5(7). |
| 2 | 1. Land suitable for park and recreational purposes may have a lesser value depending upon location, buildability, and whether the site is used as an active or passive park site. |
| 3 | 2. Fire stations must be strategically located to maximize response time and have access to major arterial roads. This fair market value reflects these considerations. |
| 4 | 1. An addition to the existing library would entail purchase of property adjoining the existing library. A second library must be strategically located to accommodate the maximum number of patrons, and in the tradition of the existing library, be on a major thoroughfare. |