1244.075  PAYMENT OF EXACTION FEE BY SUBDIVIDERS OR DEVELOPERS FOR PARKS, SCHOOL LAND ACQUISITION, PUBLIC TRANSPORTATION FACILITIES AND LIBRARIES.
   As a condition of approval of a final plat of a subdivision, a final plat of a resubdivision or of a final development plan (including a planned unit development), each subdivider or developer will be required to contribute money for public park and recreational uses, land acquisition for schools, transportation facilities and libraries, to serve the immediate and future needs of the residents of the subdivision or development, as follows:
   (a)   Purpose.  The Village requires the donation of land and payment of fees to help alleviate the impact of growth on the cost of providing adequate local government services.  The amount of the land donation and fee payment is intended to be the fair share of the average initial land and capital costs of park, school, library, and transportation services by local government proportionate to the size of the development, and specifically and uniquely attributable to the development.  Operations and maintenance costs are not to be covered by exaction fees.
   (b)   Applicability.  Property owners become vested or obligated for the donation of land and payment of fees at the time of the Village's approval of an annexation, plat of subdivision within the Village and within the Village jurisdiction in unincorporated areas within 1.5 miles of the Village, planned unit development plan, special use, or building permit, whichever occurs first.  Fees are to be paid to the Village upon issuance of each building permit, or earlier if agreed by the developer and the Village.
   (c)   Land Donation.
      (1)   Determination.  The Village and the elementary and high school districts shall determine whether land is needed within the proposed development area for the provision of services.  The size and location of the land to be donated shall be based on the Village Comprehensive Plan or by the service needs as determined by the Village and the elementary and high school districts and the suitability of the land.  Suitability shall be based on the conditions of the land in terms of the shape of lot, soils, slope, vegetation, environmental quality, environmental amenity, other natural existing features, relationship to surrounding land uses and infrastructure, and compatibility with the development. 
      (2)   Park land formula.  The required land donation for parks shall be calculated using the average number of persons per household as shown in Table A below and the rate of acres per population as shown in Table B below.  The Village may consider using different averages for Table A that are supported by data submitted by the developer or school district and determined by the Village to be accurate.
      (3)   School land formula.  The required land donation for schools shall be calculated using the average number of students per household as shown in Table A and the rate of acres per student as shown in Table C.  The Village may consider using different averages for Table A or different rates for Table C that are supported by data submitted by the developer or school district and determined by the Village to be accurate.
      (4)   Land formula for other services.  There is no land donation formula in this Code for library or transportation services.
      (5)   Excess.  If the amount of land to be donated exceeds the amount required by the formula in this subsection for that one particular development, then the Village or the elementary or high school district shall pay the property owner current fair market value for that particular excess amount of land or a lesser amount subject to an agreement with the property owner, the Village, and the school district if applicable.
Table A:  Average Number of Persons per Household
 
Pre-School
Elementary
Junior High
Elem + Jr H
Senior High
Adult
Total
grades
(K-5)
(6-8)
(K-8)
(9-12)
years of age
(0-4)
(5-10)
(11-13)
(5-13)
(14-17)
(18+)
Single Family
2 bedroom
0.120
0.411
0.138
0.549
0.222
1.856
2.746
3 bedroom
0.268
0.486
0.153
0.639
0.135
1.913
2.955
4 bedroom
0.371
0.702
0.259
0.961
0.242
1.985
3.559
5+ bedroom
0.386
0.590
0.236
0.826
0.242
2.191
3.645
Multi Family
1-2 bedroom
0.206
0.084
0.057
0.141
0.030
1.318
1.697
3 bedroom
0.214
0.104
0.039
0.143
0.050
1.966
2.374
4+ bedroom
0.183
0.271
0.106
0.377
0.105
2.102
2.767
 
Source:  Illinois School Consulting Service
Table B:  Park Size
 
Acres per 1,000 Population
Neighborhood parks
5
Community parks
5
 
Source:  National Parks and Recreation Association
Table C:  School Size
 
Maximum # Students
Minimum # Acres
Elementary, grades K-5
650
15
Junior High, grades 6-8
1,200
25
Senior High, grades 9-12
3,000
80
 
Source:  Illinois School Consulting Service
      (6)   Examples of land donation calculations.
         A.   Acres of park land donation required is a ratio of five (5) acres of neighborhood parks and five (5) acres of community parks for every one thousand (1,000) population as shown in Table B.  This ratio is the same as .01 acre for one (1) person, which is ten (10) divided by 1,000.  The number of residents in a four (4) bedroom single family house is 3.559 as shown in Table A.  Park land donation required for a four (4) bedroom single family house is .01 acre per one (1) person times 3.559 people in the house equals .03559 acres.
         Park land donation for twenty (20), three (3) bedroom townhouses = 20 x .01 x 2.374 = .475 acres.
         B.   Acres of elementary school (grades K through 5 only) land donation required is a ratio of fifteen (15) acres for every six hundred fifty (650) students in grades K through 5 as shown in Table C.  This ratio is the same as .023 acres for one (1) student, which is fifteen (15) divided by six hundred fifty (650).  The average number of K through 5 students in a four (4) bedroom single family house is .702 as shown in Table A.  Elementary school land donation required for a four (4) bedroom single family house is .023 acres for one (1) student times .702 students in the house equals .017 acres.
         Elementary school land donation for twenty (20) three bedroom townhouses = 20 x .023 x .104 = .048 acres
   (d)   Land Fee.  If the determination is made by the Village that land is not to be donated, the developer shall pay a fee in lieu of land donation otherwise required for that particular development.  The fee in lieu of land donation is based on an estimated average fair market value of land in the Palos Park market area at the rate of ninety thousand dollars ($90,000) per acre.  The Village may consider using a different average value of land that is supported by data submitted by the developer or school district and determined by the Village to be accurate.
   (e)   Park and School Capital Fees.  In addition to a land donation or land fee, the developer is required to pay a capital fee, which is intended to cover estimated average costs of planning, design, and construction to make a site useable for a park or school buildings and facilities, including but not limited to grading, stormwater management, and utilities.  The capital fee is based on the estimated average site preparation costs of sixty-four thousand dollars ($64,000) per acre of land calculated to be donated.  The Village may consider using a different average that is supported by data submitted by the developer or school district and determined by the Village to be accurate.
   (f)   Capital Credits.  If the developer donates a park or school site that is acceptable to the Village, and that already has sufficient capital improvements as determined by the Village, then the Village may reduce or delete the capital fee otherwise required.
   (g)   Transportation Capital Fee.  The developer shall be required to pay a transportation capital fee, which is intended to cover estimated average costs of planning, design, land acquisition, construction, and landscaping for transportation facilities including roads, paths, transit, lighting, signs, signals, and related equipment.  The fee shall be in addition to the transportation land dedications and improvements otherwise required by the State, County, Township, and Village to provide direct access up to and within the proposed development site.  Said transportation capital fee shall be calculated as follows:
      (1)   Two thousand six hundred fifty-seven dollars and thirty-four cents ($2,657.34) per household or dwelling unit.
      (2)   One dollar and sixty cents ($1.60) per gross square feet of buildings used for offices.
      (3)   Two dollars and five cents ($2.05) per gross square feet of buildings used for commercial uses and uses other than residential and office.
   (h)   Library Capital Fee.  The developer shall be required to pay a library capital fee of two hundred fifty dollars ($250) per household or dwelling unit, which is intended to cover the estimated average costs of planning, design, construction, permanent fixtures and related equipment for library building and grounds.
   (i)   School Land Fees and Capital Fees Distribution.  Fees collected by the Village for schools shall be transmitted to the school districts frequently, subject to an intergovernmental agreement for responsible accounting and indemnification.
   (j)   Fee Increases.  The average land values and average site preparation costs for school and park exactions and the capital fees for transportation and library used in this section shall be increased by two and one-half percent (2.5%) every year on the anniversary date of the 2009 amendment to this Section. (12/14/09)
   (k)   Exemptions. The following shall be exempted from payment of the exaction fees imposed in this section:
      (1)   Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed;
      (2)   The construction of accessory buildings or structures which are not dwelling units and which do not constitute an increase in intensity of use; and
      (3)   The replacement of a destroyed or partially destroyed building or structure with a new building or structure of approximately the same size and the same use.
   (l)   Indemnification of Village by School Districts. The affected school district shall be required, as a condition of receiving the donations provided in this section, to indemnify and hold harmless the Village from any loss, claims and causes of actions of every kind incurred by the Village as a result, either directly or indirectly, of the passage of this section, or the administration or enforcement thereof, including any loss, claims and causes of actions of every kind so incurred as a result of a lawsuit brought or threatened by a subdivider or developer. If the Village is sued by any subdivider or developer as a result, directly or indirectly, of the passage of this section, the affected school district may, at its option, undertake the defense thereof, but all costs and expenses of such defense, including attorneys fees, shall then be borne by the affected school district.
(Ord. 1994-05. Passed 4-11-94; Ord. 2004-42. Passed 8-23-04; Ord. 2009-32. Passed 12-14-09.)