As a condition of approval of a final plat of a subdivision, or final plat of a planned unit development for new residential construction, or, prior to the issuance of any building permit for new residential construction in cases where a final plat has been approved prior to the effective date of this requirement, each owner, developer, builder or subdivider shall contribute cash for library purposes and cash or land for park district programs, buildings, maintenance and land acquisition, to serve the immediate and future needs of the residents of such subdivision or development in accordance with the following formula:
(A) Library contributions. Contributions to the Peotone Public Library District shall be made at the rate of $100 per residential unit (not building).
(B) Park District Contributions. Contributions to the Peotone Park District shall be made at the rate of $850 per residential unit (not building), or contributions of land with a value equivalent to $850 per residential unit. A determination of whether a proposed land contribution in lieu of cash is acceptable shall be left to the sole discretion of the Park District.
(C) Time and manner of payment. The contributions shall be made by cash, checks or other drafts, payable to the Peotone Public Library District, of Will County, Illinois, and to the Peotone Park District, of Will County, Illinois. In the case of land contributions to the Park District, such contributions shall be by deed in a form acceptable to the Park District. The payments shall be made as a condition of approval of a final plat of a subdivision, or of a final plat of a planned unit development for new residential construction, or, in cases where a final plat has been approved prior to the effective date of this requirement, payment shall be a condition of issuance of a building permit. The contributions shall be made in all cases directly to the Library District and Park District and evidence of the payment shall be provided to the village at the time approval of a final plat of a subdivision or a final plat of a planned unit development for new residential construction is sought, or, in cases where a final plat has been approved prior to the effective date of this requirement, evidence of payment shall be provided prior to the issuance of a building permit. No final plat for new residential construction or building permit will be approved without payment of such contributions. For each lot included on a final plat of subdivision or planned unit development for which payment is made at the time of the approval of the final plat as required by this section, no further payment pursuant to this section shall be required prior to the issuance of a building permit.
(D) Indemnity of village. As a condition precedent to the receipt of any funds by the Peotone Public Library District or Peotone Park District, the Library and Park District shall execute and deliver to the village an indemnification agreement in a form and substance approved by the village and which provides, among other things, as follows:
(1) That the Library or Park District covenants and agrees to reimburse the village in the event the village shall be required to refund any funds collected under this section.
(2) That the Library or Park District covenants and agrees to pay all legal expenses incurred by the village in the event the legality of this section or the amount of the fees provided for herein is litigated, it being understood that the village, in its sole discretion, is not required to pursue or defend any litigation.
(Ord. 04-01, passed 4-5-04; Am. Ord. 05-06, passed 4-18-05)