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 or cash in lieu thereof to serve the immediate needs of the residents of the development. The contribution shall be in accordance with this section.
(A) Use of cash in lieu of land. 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 division (D) of this section. The cash contribution in-lieu-of Fire Protection District land dedication shall be paid directly to the District and used by the District solely for the acquisition of land for fire station sites to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local fire station sites that already serve such needs or for any other purpose agreed to by the subdivider or developer at the time of platting.
(B) Fair market value. The cash contributions in lieu of land shall be based on the "fair market value" of an acre of land in the area that otherwise would have been dedicated for a fire station site. The fair market value, on a per acre basis, shall assume, unless determined otherwise pursuant to division (G) of this section, that the land is zoned single-family-detached residential, subdivided with appropriate frontage on a dedicated road, and has all appropriate utilities available, is improved as set forth in division (F) of this section, and is otherwise property capable of being used for residential development. It has been estimated that the present "fair market value" of such improved land in and surrounding the village is, as of the effective date of this section, $90,000 per developed acre. This figure shall be adjusted by ordinance 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 division (G) of this section. Failure to timely object to the "fair market value" as defined above in accordance with division (G) of this section shall thereafter waive any right to raise an objection at a later time.
(C) 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:
(1) Only a portion of the land to be developed is proposed as the location for a fire station, in which case that portion of the land within the subdivision falling within the fire station 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 fire station site has already been acquired and only a small portion of land is needed from the development to complete the site, in which case the remaining portion shall be required by dedication, and a cash contribution (as determined in division (D) below) shall be required in lieu thereof for the rest of the required land.
(D) 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 fee schedule set forth below shall prevail.
(1) The base residential cash donation shall be determined by the formula set forth in full in Appendix C to this chapter entitled "Formula for Determining Fire Protection District Impact Fees”;
(2) For commercial or industrial buildings, the amounts set forth in full in Appendix C to this chapter;
(3) Consistent with division (H) hereof, the District shall retain the right to negotiate agreements with the developers which do not exceed the formula contained in Appendix C to this chapter. Any negotiated fee must be presented to the corporate authorities 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.
(4) The fees are based upon the District's impact fee study and current data and may be changed by the village from time to time.
(E) Topography and grading. The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Only areas that are legally buildable according to village standards, zoning codes, rules and regulations shall be accepted as fire station sites. A fire station site shall not be less than two acres in area and a headquarters fire station site shall not be less than two acres.
(F) 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, or shall be subject to an agreement to provide for such condition in the future, and shall otherwise comply with Village Code requirements. For purposes of this section, READY FOR FULL SERVICE shall mean that such services are available on-site or at appropriate locations at the perimeter of the site. In addition, all sites shall be suitable for constructing a fire station facility and shall be free of any environmental contamination.
(G) Objections. An objection must be made, if at all, prior to the approval by the corporate authorities 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. The corporate authorities shall make a good faith attempt to resolve any objections regarding the fair market value of the land used to calculate the cash contribution, as set forth in division (B), or any other application of this section to a particular subdivision or planned development. The objecting party, village and District may submit any evidence concerning the objection they feel is appropriate for consideration by the corporate authorities. The corporate authorities may retain the services of professionals (attorneys, appraisers, statisticians and the like) to assist them in their review of issues raised by any objection.
(H) 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 therefore shall, at a minimum, be incorporated in any annexation or pre-annexation 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 as set forth in division (D).
(I) Indemnification. As a precondition to the village imposing fire station land dedications and/or fees in lieu thereof, the District shall execute an intergovernmental indemnification agreement in a form acceptable to the village.
(J) Time of dedication or payment. Unless otherwise specified, the land or cash in lieu of land contribution imposed by this section shall be dedicated or paid directly to the District or its authorized agent prior to the issuance of a village building permit. The District will then provide a certificate or other proof to the village that the required land or cash contribution has been made. In the event that the District and a developer reach an agreement pursuant to division (D)(3), the village recognizes that a private contract has been formed and the District shall notify the village of the alternate arrangement.
(Ord. 05-28, passed 12-12-05)