(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPREHENSIVE PLAN. The village’s comprehensive plan adopted May 6 and effective May 31, 1991. It contains information on household and population projections to the year 2010. The numbers are relevant to planning for and meeting new growth demands.
FACILITIES PLAN SECOND AMENDMENT. The village report dated May 1990 on the existing municipal sanitary sewer system and needed capital improvements to meet new growth.
FAIR SHARE ASSESSMENT. A monetary charge imposed on developers by the village through the subdivision process. It is designed to permit the village to provide for and to cover the proportional costs of utility improvements that are specifically and uniquely attributable to the development activity. The developer being assessed pays only a proportional share of the cost of capital improvements to permit development activity.
HOUSEHOLDS. The number of residential units of any type in the village as identified by the U.S. Bureau of Census in 2000. The census totaled 1,075 households.
INTERIOR PLUMBED FIXTURE. Devices located within a building structure that have the capability of regularly receiving water and discharging it into the sewer system. This shall include, but not be limited to, sinks, toilets, washing machines and stub end plumbing installations. A STUB END PLUMBING INSTALLATION is a device designed to take water or waste water and discharge it into the sewer system, but is not yet in service and may be capable of use in the future. This shall not include floor drains and fire prevention devices.
QUANTIFIABLE CONTRIBUTION. A capital improvement, land or other measurable item of value offered to the village that may be deemed by the village to be beneficial.
QUANTIFIED BENEFIT. A quantifiable contribution accepted by the village. The monetary value of the benefit can be off-set against the per interior plumbed fixture fair share assessment.
SPECIFICALLY AND UNIQUELY ATTRIBUTABLE. An identifiable portion of the need for additional public facilities or capital improvement projects resulting from proposed subdivision development. The need has been identified as improvements to the water and sewer system to accommodate new growth. The cost is proportionally assessed by use of a fair share formula.
SUBDIVISION ORDINANCE. The village’s subdivision chapter adopted on May 6 and effective on May 31, 1991, as amended from time to time.
VILLAGE. The Village of Rochester or the President and Board of Trustees; depending upon the context.
WATER DISTRIBUTION ANALYSIS, REPORT ON. The village report dated March 1990 on the existing municipal water system and needed capital improvements to meet new growth.
ZONING ORDINANCE. The village’s zoning chapter adopted May 6 and effective May 31, 1991, as amended from time to time. This is the source for the development types referenced in this section.
(B) Establish fair share assessment. As a condition of approval of a final plat of subdivision, each subdivider or developer will be required to compensate the village in accordance with the criteria and formula stipulated in the following divisions.
(Ord. 17-01, passed 1-9-2017)
(C) Utility improvement cost factors.
(1) The engineering report entitled Report on Water Distribution Analysis concerning the water supply and distribution system identified needed capital improvements to serve existing and new growth areas. The engineering report entitled Facilities Plan Second Amendment concerns sanitary sewage distribution and treatment identified needed capital improvements to serve existing and new growth areas. The report recommended and the village selected the treatment destination to be the Springfield, Metropolitan Sanitary District Sugar Creek Plant.
(2) Phase IA and IB water capital improvements and Phase I and II sanitary sewage capital improvements were approved with a current engineering cost estimate of $2,897,000. It is estimated that $661,000 of that amount can be attributed to meeting Environmental Protection Agency (EPA) mandates to improve the system serving the existing developed areas of the village. The remaining $2,236,000 estimate represents the cost of serving new subdivisions and developments in accordance with EPA standards. The $2,236,000 figure shall serve as the cost factor base for the formula enumerated in this section. Appendix A in this section identifies the pertinent engineering studies and updates on capital improvement costs. The figures exclude legal, administrative or financing costs.
(D) Formula factors. Residential and industrial/business properties are included within the scope of this section. Appendix A delineates the factors on interior plumbed fixtures for residential, school and commercial types used as the baseline for the fair share assessment formula.
(E) Formula. The formula is set forth in Appendix B in this section.
(F) Fees. The fair share assessment for each interior plumbed fixture is $231. See Appendix B in this section for a sampling of fees based upon the number of interior plumbed fixtures.
(G) Payment. A fair share assessment imposed pursuant to this section shall be charged to the developer and collected in full from the developer, as follows:
(1) Residential. Assessments shall be paid in full prior to the issuance of the building permit;
(2) Business/industrial. Assessments shall be paid in full prior to the issuance of the building permit;
(3) Payment at other times. Payment of any assessments may at the sole discretion of the Village Board for good cause shown, be authorized at some time other than as specified in divisions (G)(1) and (G)(2) above. This is permissible provided that the village receives security ensuring such later payment of assessment. Security may be in the form of a cash bond, an irrevocable letter of credit, or other acceptable method. Nothing contained in this section shall preclude the payment of the fair share assessment at the time when the building permit is issued or at an earlier stage of development if agreed to by the village and the person paying the assessment;
(4) Written condition. In any event, payment of the fair share assessment shall be a written condition of final plat approval; and
(5) Payment. Any person desiring to pre-pay the fair share assessment in full for an entire subdivision within the village shall make the payment as calculated under the formula set forth in Appendix C in this section as a condition of approval of a final plat of subdivision.
(H) Modified assessment and quantifiable contributions. The Village Board may consider alternative forms of contribution that may modify the final assessment. This may occur when a developer offers a quantifiable contribution or cash. After sufficient review of the offer, the village may determine that it should be accepted. Upon formal acceptance, the quantified benefit may be off-set against the per interior plumbed fixture assessment.
(I) Water and sewer systems assessment account. Assessments collected pursuant to this section shall be deposited in a special interest bearing account entitled Water and Sewer Systems Assessment Account. Deposits into that account shall be solely dedicated to pay for, or to retire any loans and bonds issued to facilitate, water and sewer system improvements for new subdivisions/developments.
(J) Application of the fair share assessment. The fair share assessment shall be imposed only when improvements are specifically and uniquely attributable to new growth as regulated by the village through the subdivision regulations and as otherwise defined by the Village Board.
(Ord. 17-01, passed 1-9-2017)
(K) Annexation. The fair share assessment shall be required as a condition to the annexation of property to the village. The village may, at its sole discretion, require additional quantifiable contributions as it may deem necessary and desirable.
(L) Evaluation of fair share assessment. The assessment factors, formula and fee payment shall be evaluated in conjunction with an evaluation of the water system, sewer system, comprehensive plan and capital improvement plan. This shall be done at least once every four years following the effective date of this section. Factors to consider may include, but are not limited to, actual development activity, infrastructure constructed, changing land use, interest rates, debt retirement revisions and updated cost figures.
(M) Severability. In the event that any portion or division of this section is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or divisions of this section which shall remain in full force and effect.
(N) Sanctions.
(1) The Village President may authorize the Building Code Inspector to withhold the issuance of building permits and certificates of occupancy on a 30-day basis for violation of the provisions of this section.
(2) The Village President and Board of Trustees may vote to impose a moratorium on the issuance of building permits and certificates of occupancy for persons violating this section until payment is rendered.
(3) The Village President and Board of Trustees may authorize the Village Attorney to prosecute violators of this section to the full extent of the law. This includes, but is not limited to, the general penalty provisions of the village code for ordinance violations.
(P) Subdivision chapter and village code. This section shall be and is hereby made a part of the subdivision chapter and the village code of ordinances. The Village Clerk is authorized to include the provisions of this section in said documents.
(Q) Impact of fair share assessment on zoning and subdivision regulations. This section shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements. It shall not affect any other aspect of development of land or provision of public improvements subject to zoning and subdivision regulations or other regulations of the village, which shall be operative and remain in full force and effect without limitation.
(R) Fair share assessment as additional and supplemental requirement. Fair share assessments are additional and supplemental to, and not in substitution of, any other requirements imposed by the village on the development of land or the issuance of building permits. In no event shall a property owner be obligated to pay to public facilities in an amount in excess of the amount calculated pursuant to this section.
(S) Effectiveness. Upon adoption by the Board of Trustees and execution by the President, this section shall apply to any subdivision or portion of any subdivision that has not received final plat approval.
(T) Exemptions. Notwithstanding the foregoing, the village shall have the option, at its sole discretion, to exempt from the fair share requirements of this section any parcel or parcels of property, subdivision or portion of any subdivision that is located within a tax increment financing area established by the village pursuant to 65 ILCS 5/11-74.4-1.
Total improvement costs:
| ||
Infrastructure | Phases | Cost |
Total improvement costs:
| ||
Infrastructure | Phases | Cost |
Water utility | IA, IB | $779,000 |
Sanitary sewer utility | I, II | $2,118,000 |
$2,897,000 | ||
Existing developed areas: | ||
Infrastructure | Phases | Cost |
Water utility | IA, IB | $461,000 |
Sanitary sewer utility | I, II | $200,000 |
$661,000 | ||
New subdivisions/developments: | ||
Infrastructure | Phases | Cost |
Water utility | IA, IB | $318,000 |
Sanitary sewer utility | I, II | $1,918,000 |
$2,236,00 | ||
Sources: | ||
Village of Rochester, Illinois, Report on Water Distribution Analysis, Crawford, Murphy and Tilly, Inc. Consulting Engineers, March 1990 | ||
Village of Rochester, Illinois, Facilities Plan Second Amendment, Crawford, Murphy and Tilly, Inc. Consulting Engineers, May 1990 | ||
Village of Rochester Comprehensive Plan, Comprehensive Plan Committee, Planning Commission, Zoning Board of Appeals and Scruggs and Hammond, Inc. Planning Consultants, May 1991 | ||
Water Distribution System Analysis Report Cost Update, letter to Rochester Village President Jim Finley from Engineer Alan Stuemke of CMT, February 22, 1993 | ||
Water and Sewer System Improvements Cost Update, letter to Rochester Municipal Management Consultant Brad Townsend from Engineer Steven Schroll of CMT, August 2, 1993 | ||
Water and Sewer System Improvements Fair Share Cost Analysis, letter to Rochester Village Trustee Bryan Martindale from Engineer Steven Schroll of CMT, November 17, 1993. Also, appendix letter dated November 29, 1993 | ||
Formula Factors: | ||
Type (A) | Fixtures (B) | Notes |
Commercial | 66 | Per Metro Sanitary District |
Residential | 9,220 | Estimate 10/Household |
School | 381 | Per Metro Sanitary District |
Total | 9,667 | |
(A) Development types | ||
(B) Interior plumbed fixtures | ||
Formula: | ||
# of Interior Plumbed Fixtures/New Building X Improvement $ | ||
# of Interior Plumbed Fixtures in village | ||
Example: | ||
1 (fixtures) X $2,236,000 (Improvement $) | ||
9668 (existing plus one) | ||
.0001034 X $2,236,000 | ||
$231.00 fair share assessment per fixture | ||
Sample Assessments or Fees: | ||
Fixture # | Assessment | % of Costs |
1 | $231 | 0.01% |
8 | $1,850 | 0.08% |
10 | $2,312 | 0.10% |
12 | $2,775 | 0.12% |
15 | $3,469 | 0.15% |
20 | $4,624 | 0.21% |
25 | $5,782 | 0.26% |
50 | $11,564 | 0.52% |
The formula for calculating the pre-payment of the fair share assessment shall be as follows: | |
1. The owner and the village shall establish the number of lots within any subdivision for each zoning area | |
2. The aggregate fair share assessment for the subdivision shall be determined based upon the estimated number of interior plumbed fixtures as follows: | |
Zoning Area | No. of Fixtures |
R-S | 13 |
R-1 | 11 |
R-2 | 20 (10 per side) |
R-5 | As established by the village |
Any commercial or industrial area | As established by the village |
3. The time for the build out of the subdivision shall be agreed to by the village and the owner | |
4. The village shall calculate the net present value of the expected fair share assessment payments to be received over the development period using an interest rate of the prime rate, as published in a business periodical having a nationwide circulation on the day on which the pre-payment is to be received, less 1% | |
5. The fair share assessment shall be paid on the date of approval of the final plat of the subdivision | |
(2009 Code, § 35-8-7) (Ord. 06-02, passed 3-13-2006; Ord. 10-01, passed 4-12-2010; Ord. 11-13, passed 10-11-2011; Ord. 17-01, passed 1-9-2017)