§ 158.036  PUBLIC LANDS DONATION.
   (A)   General.  As a condition of approval of a final plat of subdivision, or of a final plat of planned unit development, each subdivider or developer will be required to dedicate land for park and recreational purposes and land for school sites, to serve the immediate and future needs of the residents of the parcel; to make a cash contribution in lieu of actual land dedication; or to provide a combination of both at the option of the village. Such dedication is necessary to ensure proper provisions of park and school sites for persons who are expected to reside within the subdivision or development, which sites would otherwise have to be acquired at the expense of the general public, but whose utility would generally be limited to residents of the parcel. All provisions depend on the approval of the Village Board through recommendations by the Planning & Zoning Commission.
   (B)   Criteria for park and recreation land dedication:
      (1)   Philosophy of acceptance. The land or site for park and recreation land dedication must be suitable for the purpose for which it is intended. Land set aside by the developers for parks, recreation and conservation purposes shall not be what has been left over after residential, commercial, industrial and other municipal development has been taken for prime land.
      (2)   Requirement and population ratio. Applicant may be required to dedicate for park and recreation purposes an amount of land determined on the basis of six and one-half acres per 1,000 persons of ultimate population calculated as provided in division (F) of this section, and in accordance with such standards as may be adopted by the Department of Recreation.
      (3)   Location. The comprehensive park and recreation plan as adopted by the Department of Recreation, shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable and whenever feasible, the site shall be in close proximity to elementary school sites. In large developments these sites can be located throughout the development according to established standards for park area distances.
      (4)   Credit for private open spaces and recreation areas.
         (a)   When subdivider's or developer's provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. It is important to remember that the concern is not ownership but that recreational needs are being met. Depending on the size of the development, a portion of the park and recreation area in subdivision or planned unit developments may, at the option of the Village Board, be provided in the form of private open space in lieu of dedicated public open space. The extent of same shall be determined by the Village Board, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.
         (b)   In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his or her obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Village Board, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. The Village Board has the option to request a letter of credit for the project. Private swimming clubs are included in this provision. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given.
      (5)   On site storage. No storage of any materials, including spoil materials or top soil, will be allowed on any land designated as the land for use as recreational use, or land designated as future or proposed school sites, without prior approval of the Village Board.
      (6)   Special requirements for park sites which include storm water detention or retention areas:
         (a)   The edges of the pond above the low water mark shall be sloped for ease of maintenance with ordinary equipment.
         (b)   Adequate overflow channels and structures shall be provided meeting all requirements of the various public bodies having jurisdiction of these water impoundments. Further, such channels and structures shall be designed and constructed so as to prevent soil erosion and sedimentation under ordinary flood conditions and to minimize soil erosion and sedimentation under extraordinary flood conditions (100 year frequency rainfall).
         (c)   At least 60 feet of space shall be provided between static water lines (normal water level) of ponds and the lot lines of adjacent subdivision.
         (d)   There shall be at least a 100 foot suitable roadway access around the impoundment at high water level, wide enough for maintenance and emergency equipment. The roadway must be approved by the Village Board.
      (7)   Minimum size requirements for park sites which include storm water detention areas: At the option of the Board the minimum size of any park site which includes storm water detention areas shall be seven acres. No more than 50% of such park site shall hold water during a "100 year rainfall." At least 30% of the available high ground within such a park site shall be of sufficient size, shape and quality to provide recreational facilities, playgrounds, picnic areas and/or playfields.
      (8)   Minimum size requirements for park site which include storm water retention areas: At the option of the Board the minimum size of any park site which includes storm water retention areas shall be seven acres. No more than one-third of such park site shall hold water during a "100 year rainfall." At least 50% of the site must be of good high ground of sufficient size, shape and quality to provide adequate recreational facilities, playgrounds, picnic areas and/or playfields. The lake contours must be approved by the applicable Recreation Department for aesthetic quality, safety and recreational functionality (i.e., ice skating, fishing, etc.) and by the Village Engineer for hydraulic quality. The banks shall be protected by rip rap placed and secured above and below the static water level and sodded above the high water level, all in conformance with current State of Illinois Highway Department specifications. Each lake shall be tapered and terraced for safety.
   (C)   Criteria for requiring school site dedication.
      (1)   Philosophy of acceptance.
         (a)   All elementary, junior high, and senior high schools shall be located to serve the greatest number of children possible within walking distance. Access shall be available on fully improved streets.
         (b)   The comprehensive school plan and the standards adopted by the applicable school district and the village should be used as a guideline in locating sites. Site location, configuration, and the like will be determined upon consultation with the school district.
         (c)   Land donations to the school district should be deeded directly to the district.
      (2)   Requirement and population ratio.
         (a)   The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites.
         (b)   The land dedication requirement shall be determined by obtaining the ratio of: estimated children to be served in each such school classification over the maximum recommended number of students to be served in each such school classification calculated from the table in subdivision and then applying such ratio to the minimum recommended number of acres for school site of each such school classification as stated in division (C)(3) of this section. The product thereof shall be the acres of land deemed to have sufficient land for school sites to serve the estimated increased children in each school classification.
      (3)   School classifications and size of school site. School classifications and size of school sites within the village shall be determined in accordance with the following criteria:
 
School Classification By School Grade
Maximum Number of Students for each School Classification
Minimum Number of Acres for each School Site
Elementary Schools, Grades Kindergarten K through 5th (K-5)
   600 students
   11 acres
Junior High Schools, Grades 6th through 8th (6-8)
   900 students
   19 acres
High Schools, Grades 9th through 12th (9-12)
   2300 students
   48 acres
 
   (D)   Criteria for requiring a contribution in-lieu-of park and school sites.
      (1)   Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational purposes or a school site, the village shall require the subdivider or developer to pay a cash contribution in-lieu-of the land dedication required. The cash contributions in-lieu-of park and recreation land dedication shall be held in trust by the village, or other public body designated by the village, solely for the acquisition of park and recreation land as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation land which already serves such needs. The cash contributions in-lieu-of school sites shall be held in trust by the village, or other public body designated by the village, for the use in the acquisition of land for a school site or for the construction of a school or schools to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs. Improvement under this section shall be liberally construed and shall include, but shall not be limited to the development of parking lots; sidewalks; traffic signals; arterial streets; collector streets; internal roadways; connections with sewer, water and internal roadways; connections with sewer, water and electrical lines; playgrounds; recreation grounds; and athletic fields. Improvement shall also include the purchase of any material, goods or equipment necessary to said development and construction. Improvement shall further include the construction of buildings; additions to existing school buildings; remodeled or renovated non-instructional spaces in classrooms and the purchase of prefabricated classroom units to be used at a school site. If any improvement provided for herein shall require voter referendum approval under existing statutory authority before such funds may be lawfully expended, then and in those cases such approval shall be first obtained.
      (2)   Fair market value. The cash contribution in- lieu-of land shall be based on the "fair market value" of the acres of fully improved park and in the area after development. The village has determined that the present fair cash market value of one acre of land improved in accordance with the requirements of this chapter and which would otherwise be available and permitted to be developed in a manner similar to and consistent with the subdivision or development in question is $100,000 per acre. The Village Board shall review and if necessary adjust this valuation as reasonably required to reflect changing valuations of improved land within the village. The valuation set forth in this chapter, as adjusted from time to time, shall be used in calculating the cash equivalent value of any land contribution determined in accordance with the procedures set forth in this chapter unless any subdivider, developer, or owner of land subject to this chapter with a pending application for final plat or planned unit development on file with the village files a written objection thereto. In the event of any such objection, the subdivider, developer, or owner shall submit an appraisal showing the "fair market value" of land improved in accordance with the requirements of this chapter and which would otherwise be available and permitted to be developed with residential dwelling units in a manner similar to and consistent with the subdivision or development in question together with other relevant evidence of the value thereof. Final determination of said "fair market value" per acre of such improved land shall be made by the Village Board based on the information submitted by the subdivider, developer or owner and from such other sources as may be available to the village.
   (E)   Criteria for requiring dedication and fee. There may be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in-lieu-of land are both advisable. These occasions will arise when:
      (1)   Only a portion of land to be developed is proposed as the location for a park or school site or the development does not have sufficient or adequate land to meet the dedication requirements. That portion of the land within the subdivision falling within the park or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated;
      (2)   A major part of the local park or recreation site or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.
   (F)   Density formula. Exhibit A, table of population density is set forth in this section.
      (1)   A document entitled, "Table of Estimated Ultimate Population per Dwelling Unit," prepared by the Associated Municipal Consultants, Inc. is attached hereto, marked Exhibit "A" and incorporated herein by reference.
      (2)   Such table of population density is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer.
      (3)   In the event a subdivider or developer files a written objection to the table of estimated ultimate population to be generated from the subdivision or planned unit development; and in that event final determination of the density formula to be used in such calculations shall be made by the Village Board based upon such demographic information submitted by the subdivider or developer, and from other sources which may be submitted to the Village Board by the Recreation Department and School District. It is recognized that population density, age distribution and local conditions change over the years, and the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary.
   (G)   Reservation of additional land. Where the comprehensive plan for the standards of the village call for a larger amount of park and recreational land or school sites in a particular subdivision or planned unit development that the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase at fair market value by the village or other public entity designated by the village; provided, that such acquisition is made within one year from the date of approval of the final plat.
   (H)   Combining with adjoining developments. Where the subdivision or planned unit development is less than four acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer.
   (I)   School facilities impact fee. An additional school facilities impact fee shall be collected in accordance with the following tables, to be paid at the time of issuance of the building permit.
 
   School Facilities Impact Fee - Unit School District (K-12)
Number of Bedrooms
1/1/04 to 6/30/04
7/1/04 to 12/31/04
1/1/05 to 6/30/05
7/1/05 to 12/31/05
2006
2007
2008
   Detached Single Family Dwelling Units
4+ bedroom
$2640
$3307
$3974
$4640
$4826
$5019
$5220
3 bedroom
$1763
$2430
$3097
$3763
$3914
$4070
$4233
2 bedroom
   $681
   $708
$736
$766
$796
   Attached Single Family Dwelling Units
4+ bedroom
$1569
$1902
$2236
$2569
$2672
$2779
$2890
3 bedroom
$900
$1067
$1234
$1400
$1455
$1514
$1575
2 bedroom
   $806
   $838
$872
$90 7
$943
   Apartments
3+ bedroom
   $1846
   $1920
$1997
$2077
$2160
2 bedroom
   $651
   $677
$704
$732
$761
1 bedroom
   $16
   $16
$17
$18
$18
 
 
   School Facilities Impact Fee - Elementary School District (K-8)
Number of Bedrooms
1/1/04 to 6/30/04
7/1/04 to 12/31/04
1/1/05 to 6/30/05
7/1/05 to 12/31/05
2006
2007
2008
   Detached Single Family Dwelling Units
4+ bedroom
$1977
$2477
$2976
$3476
$3615
$3760
$3910
3 bedroom
$1215
$1674
$2134
$2593
$2697
$2805
$2917
2 bedroom
   $581
   $604
$628
$653
$679
   Attached Single Family Dwelling Units
4+ bedroom
$1041
$1262
$1484
$1705
$177 3
$1844
$1918
3 bedroom
$688
$815
$943
$1070
$111 3
$1158
$1204
2 bedroom
   $621
   $646
$672
$699
$727
   Apartments
3+ bedroom
   $1266
   $1317
$137 0
$1425
$1481
2 bedroom
   $441
   $458
$477
$496
$515
1 bedroom
   $11
   $11
$12
$12
$12
 
 
   School Facilities Impact Fee - High School District (9-12)
Number of Bedrooms
1/1/04 to 6/30/04
7/1/04 to 12/31/04
1/1/05 to 6/30/05
7/1/05 to 12/31/05
2006
2007
2008
   Detached Single Family Dwelling Units
4+ bedroom
$663
$830
$998
$1164
$1211
$1259
$1310
3 bedroom
$548
$756
$963
$1170
$1217
$1265
$1316
2 bedroom
   $100
   $104
$108
$113
$117
   Attached Single Family Dwelling Units
4+ bedroom
$528
$640
$752
$864
$899
$935
$972
3 bedroom
$212
$252
$291
$330
$342
$356
$371
2 bedroom
   $185
   $192
$200
$208
$216
   Apartments
3+ bedroom
   $580
   $603
$627
$652
$679
2 bedroom
   $210
   $218
$227
$236
$246
1 bedroom
   $5
   $5
$5
$6
$6
 
   (J)   Topography and grading. The slope, topography, geology, grading and ground cover of the dedicated site must be suitable for its intended purposes and conform to design standards established by the Village Engineer. Grading on sites shall not differ greatly from surrounding land.
   (K)   Improved sites. All sites to be dedicated or conveyed shall be improved by the subdivider or developer at his or her cost. An "improved site" for purposes of this chapter shall include, but shall not be limited to the following:
      (1)   Contour and grading;
      (2)   All utilities to service the site consisting of electric, water, sewer, streets, curbs and gutters and all required drainage;
      (3)   Sites for park and recreation lands shall include improvements for paved parking facilities sufficient to service such sites; and
      (4)   Sites for park and recreation lands shall comply with a landscape plan to be submitted by the subdivider or developer for approval by the Board of Trustees.
      (5)   Final plans for the improvement of dedicated sites shall be approved by the Board of Trustees.
      (6)   The improvement of all dedicated sites shall be completed by the subdivider or developer within three years after final approval by the Board of Trustees of the subdivision or re-subdivision plat or final development plan.
   (L)   Land conveyance by warranty deed. Any land to be dedicated or donated shall be conveyed by warranty deed. Prior to acceptance, a title insurance commitment in the amount of no less than $1,000 must be provided. The title insurance commitment must be acceptable to the village. The deed to public land should be transferred when the developer secures plat approval.
   (M)   Cash contributions; payment. Cash contributions shall be in the form of a check payable to the village and shall be deposited with the Village Clerk based on the following guidelines:
      (1)   Fifty percent of the sum determined shall be paid at the time of the final approval of the plat of subdivision or resubdivision or final development plan;
      (2)   The balance may be paid in equal installments on issuance of the building permit for each dwelling unit provided, however, that in the event said lands are the subject matter of an annexation agreement, payments shall be made at the times and in the manner provided in said annexation agreement. In any event, the balance shall be due and payable within three years from the date of final approval of the subdivision or resubdivision plat or final development plan;
      (3)   Any such balance shall bear interest at the rate of 10% per annum and shall be evidenced by a promissory installment judgment note in such form as may be approved by the Board of Trustees.
   (N)   Credit for land and cash or contribution of cash in-lieu-of land given under annexation agreements. If a subdivider or developer has given land and a contribution of money or a contribution of cash in-lieu-of land as part of an annexation agreement and thereafter the subdivider or developer or their successors submit a plan of subdivision or resubdivision or final development plan which will increase the density of population in those areas covered by the annexation agreement, then the subdivider or developer shall be required to make an additional contribution of park and recreation land or land for school sites or of cash in lieu thereof as outlined above. The additional land or cash in-lieu-of land to be contributed shall be the difference between that land or cash in-lieu-of land required as determined from the plat of subdivision or resubdivision or final development plan and that land or cash in-lieu-of land previously contributed under the annexation agreement.
   (O)   Severability and validity. If any provision of this chapter, or the application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application thereof, and to this extent the provisions of this chapter are declared to be severable.
SCHOOL DONATION -> ((1)    x 0.0183 =     ) + ((2)    x 0.0211 =     ) + ((3)    x 0.0208 =   ) =         Total Acres
PARK DONATION - > (4)       x 0.0065 =     Total Acres
 
POPULATION PER UNIT- ROMEOVILLE, IL.
Type of Unit
Pre-School
Elementary
Junior High
High School
0-4 Years
Grades K-5 5-10 Years
Grades 6-8 11-13 Years
Grades 9-12 14-17 Years
Adults 18-up
Total Per Unit
Detached Residential
  2 Bedroom
x 0.125 = 
x 0.110 = 
x 0.026 = 
x 0.018 = 
x 1.650 = 
x 1.929 = 
  3 Bedroom
x 0.251 = 
x 0.320 = 
x 0.158 = 
x 0.208 = 
x 1.875 = 
x 2.812 = 
  4 Bedroom
x 0.396 = 
x 0.431 = 
x 0.284 = 
x 0.447 = 
x 2.210 = 
x 3.768 = 
  5 Bedroom
x 0.338 = 
x 0.446 = 
x 0.380 = 
x 0.467 = 
x 2.650 = 
x 4.281 = 
Attached Residential
  1 Bedroom
N/A
N/A
N/A
N/A
x 1.050 = 
x 1.050 = 
  2 Bedroom
x 0.051 = 
x 0.075 = 
x 0.011 = 
x 0.021 = 
x 1.741 = 
x 1.899 = 
  3 Bedroom
x 0.217 = 
x 0.212 = 
x 0.022 = 
x 0.051 = 
X 1.775 = 
x 2.277 = 
  4 Bedroom
x 0.333 = 
x 0.316 = 
x 0.166 = 
x 0.180 = 
x 2.333 = 
x 3.328 = 
 
 
POPULATION PER UNIT- ROMEOVILLE, IL.
Type of Unit
Pre-School
Elementary
Junior High
High School
0-4 Years
Grades K-5 5-10 Years
Grades 6-8 11-13 Years
Grades 9-12 14-17 Years
Adults 18-up
Total Per Unit
Apartments Multi-Fam.
  Efficiency
N/A
N/A
N/A
N/A
x 1.000 = 
x 1.000 = 
  1 Bedroom
N/A
N/A
N/A
N/A
x 1.200 = 
x 1.200 = 
  2 Bedroom
x 0.025 = 
x 0.026 = 
x 0.015 = 
x 0.025 = 
x 1.600 = 
x 1.691 = 
  3 Bedroom
x 0.145 = 
x 0.145 = 
x 0.027 = 
x 0.059 = 
x 2.330 = 
x 2.706 = 
People Produced
    Total
(1)    Total
(2)    Total
(3)    Total
    Total
(4)    Total
 
Use (1), (2), (3) to calculate school site land donations and use (4) to calculate park site land donations.
(Ord. 2313-95, passed 2-1-95; Am. Ord. 04-0114, passed 2-4-04; Am. Ord. 09-0778, passed 8-5-09; Am. Ord. 12-1014, passed 11-7-12)