Where the subdivision or PUD is small and the resulting potential for park, open space and recreation areas is, in the opinion of the city, too small to be practical, or when the available land, in the opinion of the city, is inappropriate for park, open space and recreational purposes, the city shall require the subdivider or developer to pay a cash contribution in lieu of any required land dedication. The cash contribution in lieu of land dedication shall be paid to the city, which shall hold the contribution in trust for the park district having jurisdiction over the subdivision or PUD. Such contribution shall be held in trust by the city for the park district in which the subdivision or PUD is located, solely for the acquisition and/or improvement of land located entirely within the corporate limits of the city for park, open space or recreation purposes to serve the immediate or future needs of the residents of the subdivision or PUD, or for the improvement of other existing park, open space and recreation areas located entirely within the corporate limits of the city that already serve such needs. When the park district provides the city with appropriate documentation, such as a signed sales contract, a signed public improvement contract, or a signed park district purchase order, to verify that a purchase of land or an improvement to an existing park by the park district is in compliance with the use requirements for the cash contribution made by any subdivider or developer pursuant to this subchapter, the city shall release the funds to the park district as soon as reasonably possible. The city shall have the right to request and receive annual audit reports and any other information from the affected park districts as the city may need from time to time to ensure the park districts' compliance with use requirements for the cash contribution made by any subdivider or developer pursuant to this subchapter. If any portion of a cash contribution in lieu of land dedication for park, open space and recreation purposes is not expended for the permitted purposes within ten years from the date of receipt, the city or the park district holding the funds shall refund such contribution to the owners of record of all lots in the subdivision or PUD for which such contribution was made, except for land or lots already dedicated or improved for park, open space and recreation purposes pursuant to the provisions of this subchapter.
(A) Acquisition using cash in lieu of land dedication for park, open space and recreation purposes.
(1) The term
ACQUISITION as used in this subchapter shall mean the acquiring of land located or to be located entirely within the corporate limits of the city by purchase, condemnation or such other means as may be appropriate.
(2) The acquired land shall be appropriate for the type of facility defined as an "improvement" in division (B) of this section.
(B) Improvement using cash in lieu of park land donations.
(1) Where existing park, open space and recreation areas located entirely within the corporate limits of the city will serve the needs of the subdivision or PUD, the cash contribution in lieu of land dedication shall be used for the following types of physical improvements in such existing areas:
(a) Play lots and playgrounds.
(b) Hard surface courts (tennis, basketball, tetherball).
(c) Pathways (walkways, jogging and cycle paths).
(d) Sport fields and athletic grounds (baseball, soccer, football).
(e) Picnic facilities (tables, grills, and the like).
(f) Open shelters and restroom facilities.
(g) Support facilities (i.e. parking, parking lots, drinking fountains, security lighting, water service, sanitary sewer service, internal roadways, electrical lines, lights and standards, sidewalks) for any of the improvements authorized in this division (B).
(h) Other recreational grounds.
(2) Improvements shall also include the construction of buildings and structures, additions to existing buildings and structures, or remodeling and renovations to existing buildings and structures to better serve existing or future needs of the residents of the subdivision or PUD.
(3) Improvements shall not include general maintenance or operations, salaries of employees or officers, or payment of existing debt service for the park district.
(4) If any improvement provided for herein shall require voter referendum approval under existing statutory authority before such funds may be lawfully expended, such approval shall be obtained prior to making, constructing or installing such improvement.
(C) Fair market value. The cash contribution in lieu of land shall be based on the sum of the fair market value of a vacant, unimproved and unsubdivided acre of land in the city and the estimate of the city as to the cost of improving such land with electrical utilities, water, sewer and streets, including enclosed drainage and curbs and gutters, and all other improvements required to comply with all requirements of any statute, regulation or ordinance applicable to the development. All cash contribution calculations shall be made by the city, and the park district shall refer all developers to the city for such calculations. The fair market value of a vacant unsubdivided acre of land for purposes of determining any cash contribution in lieu of land shall be the greater of (i) the amount per acre paid by the developer to purchase the land underlying the proposed development plus the cost of improvement of the land which the city hereby declares to be $31,000; or (ii) the fair market value of a vacant unsubdivided, unimproved acre of land in and about the city, which the city has determined to be $125,000, and the cost of improvements, which the city has declared to be $31,000, and such figure shall be used in making any calculation herein unless the subdivider, developer or the park district files a written objection thereto. In the event of any such objection, the developer shall, at his cost and by a Member of Appraisal Institute (M.A.I.), submit an appraisal showing the "fair market value" of the land in the development or other evidence thereof, the final determination of the fair market value of said unsubdivided land shall be made by the City Council based upon such information submitted by the subdivider or developer and from other relevant sources which may be submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the Oakbrook Terrace Park District, or others. The city, on its own motion or at the request of the City Park District, may from time to time amend this provision to provide for different fair market value for parcels that are deemed by the City Park District and the city to be of greater or lesser value than provided for herein.
(D) Cash contributions in lieu of land dedication shall be paid to the city prior to the execution of the final plat by the requisite city officers.
(E) Criteria for requiring both a land dedication and a cash contribution in lieu of land dedication. There may be situations when both a land dedication and a cash contribution in lieu of land dedication are necessary. Such situations may arise, if:
(1) It is determined by the city that the land to be dedicated for a park, open space or recreation area within a subdivision or PUD does not include the full acreage required, but is otherwise acceptable to the city, a cash contribution shall be required for the difference between the required acreage and the acreage proposed for the land dedication.
(2) It is determined by the city that a major portion of a park, open space or recreation area has already been acquired and will serve the subdivision or PUD, and that only a small portion of land is needed from the contributing subdivision or PUD to complete the required park, open space or recreation area, the dedication of such remaining portions shall be required, and the subdivider or developer shall pay a cash contribution in lieu of dedication for the difference between the land dedicated and the land required to be dedicated for such subdivision or PUD.
(Ord. 08-19, passed 9-9-08)