(A) Legislative intent. As a condition of approval of a final plat of subdivision or of a final plat of a planned unit development, or of final plat of resubdivision, each subdivider or developer shall be required to dedicate land for school purposes to serve the immediate and future needs of the residents of the development, or shall be required to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village after providing the affected school district or districts with the opportunity to make a recommendation. However, the Village shall have the final decision making power in this regard. The dedications and cash contributions required hereunder shall be made in accordance with the criteria and formulas herein.
(B) Criteria for requiring school site dedications.
(1) Requirement and population ratio. The ultimate number of students to be generated by a subdivision or planned development shall bear directly on the amount of land required to be dedicated for school sites.
(a) The land dedication requirement shall be determined by obtaining the ratio of:
1. Estimated children to be served in each such school classification over the [division 2.];
2. Maximum recommended number of students to be served in each such school classification as stated herein; and then applying this ratio to [division 3.];
3. The appropriate number of acres for a school site of each such school classification as stated herein.
(b) The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increase in number of students for each school classification.
(2) School classifications and size of school site.
(a) These requirements for acreage are based upon a review of available data studies and literature on the subject, including but not limited to information provided by the State Superintendent of Education and the unique characteristics of the Village, including its generally rural character and open spaces, and the desire of the residents to maintain this character and open space in future school sites. These requirements for acreage shall be presumed as the appropriate acreage requirements and shall be used in calculating any cash in lieu of land dedication herein unless timely objected to as provided herein. Objections to these acreage requirements for any particular development shall be made in accordance with division (N) of this section to the Village Board. Failure to timely object to these acreage requirements in accordance with division (N) shall thereafter waive any right to raise an objection at a later time.
(b) School classifications and size of school sites within the Village shall be determined in accordance with the following criteria:
School Classification by Grades | Maximum Number of Students for Each School Classification | Appropriate Number of Acres of Land for Each School Site of That Classification |
Elementary schools, grades Kindergarten through 5 | 450 students | 15 acres |
Junior high schools, grades 6 through 8 | 750 students | 30 acres |
High schools, grades 9 through 12 | 1,500 students | 75 acres |
(3) Location. The comprehensive school plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites. School sites shall be located in the Village in accordance with plans heretofore or hereafter adopted by the school district. If the school district has not planned a school site within the Village or the proposed subdivision or planned development, or in the neighborhood in which the subdivision or planned development is located, the school site shall be so located as to be readily accessible to the greatest number of children projected for the neighborhood.
(C) Criteria for requiring a cash contribution in lieu of dedication of school sites. When the development is small and the resulting site is too small to be practical, or when the available land is inappropriate for a school site or is in conflict with the approved comprehensive school plan, the Village, after providing the affected school district or districts with the opportunity to make a recommendation, shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication.
(1) The cash contribution in lieu of dedication of school sites shall be held in trust by the appropriate school district or other public body designated by the Village and shall be used for the acquisition of land for school sites to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site that already serves those needs, and for the construction of school buildings or additions thereto in accordance with Public Act 93-0330 and by agreement with the subdivider or developer in accordance with division (O) of this section and Exhibit B attached to Ord. 2003-8, which is hereby adopted by reference as if set out in full herein. If any portion of a cash contribution in lieu of dedication of school sites is not expended for the purposes set forth herein within 10 years from the date of receipt, it shall be refunded by the entity holding the contribution to the record owner of the subdivided land at the time of the refund. If there is more than 1 record owner of the subdivided land or of the land that comprises the planned development, as applicable, the record owners shall share in the refund pro-rata based on the cash contributions originally paid by each property.
(a) Fair market value.
1. The cash contributions in lieu of land shall be based on the fair market value of the acres of land in the area that otherwise would have been dedicated as school sites. The fair market value, on a per-acre basis, shall assume, unless determined otherwise pursuant to division (N) herein, that the land is zoned in a 1-Family Dwelling Residential Zoning District subdivided with appropriate frontage on a dedicated street or road, has all appropriate utilities available, is improved as set forth in divisions (H) and (I) of this section, and is otherwise property capable of being used for residential development. Based upon a study of real estate transactions in the Village for the past 3 years, it has been determined that the present fair market value of this improved land in and surrounding the Village is, as of the effective date of this section, $92.492.41 per acre. This figure shall be adjusted by the Village Board from time to time, with appropriate study and documentation.
2. The fair market value, as defined above, shall be used in calculating any cash in lieu of land dedication herein unless timely objected to as provided in division (N) herein. Objections to the fair market value as defined above shall be made in accordance with division (N) to the Village Board. Failure to timely object to the fair market value as defined above in accordance with division (N) herein shall thereafter waive any right to raise an objection at a later time.
(b) Criteria for requiring dedication and a contribution. There will be situations in subdivisions or planned developments when a combination of land dedication and a cash 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 school site (that portion of the land within the subdivision falling within the school 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 school site has already been acquired by the particular district and only a small portion of land is needed from the development to complete the site (the remaining portion shall be required by dedication, and a cash contribution in lieu thereof for the rest of the required land shall be required).
(2) Notwithstanding anything to the contrary, all cash contributions in lieu of dedications of school sites may only be used to purchase land and to construct new school facilities (pursuant to Exhibit B adopted herein and Public Act 93-0330) on property located inside the Village boundaries or on land located outside the Village boundaries, but only if the land located outside the Village boundaries is the subject of a pre-annexation agreement with the Village at the time of the purchase of land or construction of facilities. This limitation on the purchase of land or construction of facilities shall not prohibit, or otherwise restrict, the use of the cash contributions collected pursuant to this chapter for the expansion, addition, remodeling, or other improvement to existing school sites located outside the Village boundaries, regardless of whether or not the existing school site is located within another municipality or in an unincorporated area, which is not the subject of a pre-annexation agreement.
(D) Consumer Price Index. The fair market value identified in division (C)(1)(a) above shall be subject to a CPI Adjustment which shall be calculated on January 1, 2005 and on the first day of January in each year thereafter. Annually, the fixed charge shall be adjusted by the December–December Percentage Change as published by the United States Department of Labor’s Bureau of Labor Statistics, All Items Consumer Price Index (CPI) for Urban Consumers (1982-84 = 100) for the Chicago Consolidated Metropolitan Statistical Area, Illinois. If any index is calculated from a base different from the base period 1982-84 = 100, the index shall be converted to a base period of 1982-84 = 100 by use of a conversion factor supplied by the Bureau of Labor Statistics. If the CPI is discontinued or replaced, any other governmental cost-of-living index or computation which replaces the CPI shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or replaced.
(E) Density formula. The Table of Estimated Ultimate Population Per Dwelling Unit, found in Exhibit C of Ord. 2003-8, which is hereby adopted by reference as if set out in full herein, 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.
(1) A bedroom as used in this section shall include any room which may be used for bedroom purposes, such as a den, study, loft, or extra room located on any floor in a dwelling unit which may be convertible into a sleeping area and is not clearly identified for some other specific purpose such as a kitchen (1 per unit), dining room (1 per unit), living room (1 per unit), bathroom(s) and family room (1 per unit). Notwithstanding the foregoing, a maximum of 1 den per residence may be exempt from being included in the definition as a bedroom if a minimum of 4 other bedrooms exist in the residence.
(2) The Table of Estimated Ultimate Population Per Dwelling Unit, as updated, shall be used in calculating any cash in lieu of land dedication herein unless objected to as provided in division (N) herein. The Village recognizes that the Table of Estimated Ultimate Population per Dwelling Unit may be updated from time to time and will, as a result, continually adopt these updates periodically by amending this section accordingly. Objections to the Table of Estimated Ultimate Population Per Dwelling Unit shall be made in accordance with division (N) to the Village Board. Failure to object to the Table of Estimated Ultimate Population Per Dwelling Unit in accordance with division (N) shall thereafter waive any right to raise an objection at a later time.
(3) In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population Per Dwelling Unit listed above, he or she shall submit his or her own demographic study showing the estimated additional population to be generated from the subdivision or planned development, and in that event final determination of the density formula shall be made in accordance with division (N) herein.
(F) Reservation of additional land. When the comprehensive plan or the standards of the Village call for a larger school site in a particular subdivision or planned development than the developer is required to dedicate pursuant to this section, the land needed beyond the developer’s dedication shall be set aside and reserved by the developer for subsequent purchase by the Village (at a price determined at the time of reservation) or other public body designated by the Village, provided that the acquisition is made within 5 years from the date of approval of the final plat.
(G) Combining with adjoining developments. Where appropriate, a school site that is to be dedicated should, if possible, be combined with dedications from adjoining developments in order to produce usable school sites without undue hardship on a particular developer.
(H) Topography and grading.
(1) The slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Stormwater detention areas shall not be accepted and the portion of a detention area designed to function primarily as a component of the stormwater control system shall not serve as a credit toward the required dedication. Wetlands, floodplains, detention areas, retention areas and areas of steep slope shall not be accepted as school sites and shall not serve as a credit toward the required school site cash contribution in lieu of land dedication.
(2) In addition, the following site conditions and preparation standards shall be met:
(a) Slope:
1. Should not vary greatly in appearance from existing and adjacent slopes;
2. Optimum slopes range from 2% minimum to 5% maximum. No less than 2% slope is acceptable under any circumstances;
3. Maximum allowable slope is 10%, except under special conditions where greater slopes are desirable to enhance the use of the site; and
4. On-site drainage patterns shall be designated and constructed to:
a. Ensure flow toward swales; and
b. Ensure drainage away from active areas.
(b) Grading:
1. Rough grading shall be completed at time of rough grading of adjacent contiguous area;
2. Grading shall comply with Village approved plans;
3. Subgrade shall be graded and compacted so it will parallel finished grade;
4. Subgrade material shall be loosened and fine graded to a depth of 2 to 4 inches. All stones over 4 inches in size, sticks, debris, rubbish, and other foreign substances shall be removed; and
5. Finished grades shall be uniform in slope between points for which elevations have been established.
(c) Soils:
1. Soils shall not differ from those naturally occurring;
2. Soils shall not offer any restriction to the ultimate use of the property;
3. Topsoil shall be spread evenly and lightly compacted to a minimum depth of 6 inches over the entire site;
4. Topsoil must be good, friable soils with good tillage and shall be without any admixture of subsoil, clay, gravel, stones, debris, refuse, sand, or other subsurface elements;
5. Topsoil shall not be placed in a muddy or frozen condition;
6. Topsoil shall contain no toxic substances which may be harmful to plant growth; and
7. Topsoil shall be spread no later than the placement of topsoil on the first lot adjacent to the site.
(d) Seeding:
1. All school sites shall be seeded and an acceptable stand of grass or vegetation established prior to dedication of the area to the Village;
2. Seeding shall be completed during the fall or spring planting times, depending upon the recommended seed planting specifications;
3. Seeding shall be on moderately dry soil on a seedbed which will easily accept and nurture germination of seeds;
4. Seeding shall be watered sufficiently so that the vegetation becomes reasonably established; and
5. The developer shall be responsible for making necessary reparations to the site caused by erosion or other damage. Reparations shall be completed prior to acceptance of the site.
(I) Improved sites. All sites shall be dedicated in a condition ready for full service of electricity, natural gas, telephone and cable television, water, sewer and streets (including enclosed drainage and curb and gutter, where applicable), as applicable to the location of the site, and shall otherwise comply with the requirements of the Village ordinances and codes. The landscaping normally included within the definition of improved sites under the ordinances and codes may be deleted due to the delay time between dedication of the site and the construction of school facilities thereon, except for groundcover as required in division (H)(2)(d)1. herein. The site shall have direct access to a fully improved street across at least 20% of the distance of its perimeter. School sites should ideally be accessible by a bicycle/pedestrian trail, and any such access route onto the property shall be at least 25 feet wide. These access routes should normally be dedications and not easements, depending on which entity of government is to be responsible for the routes. Any vehicular access route leading to or on the site shall be of sufficient size and good geometry properly to accommodate vehicles that will access and traverse the site, including but not limited to good principles of traffic circulation, accommodation of 1-way and/or 2-way drives for school buses, separation of bus traffic from passenger automobile traffic, bus drop-off areas separate from publicly-dedicated streets, guest and employee parking areas, and the like. These off-street access routes, drives, drop-offs and parking areas will not be dedicated rights-of-way and shall be the responsibility of the owner of the site to maintain.
(J) Environmental risk audit. Prior to the conveyance of any land to the school district, the intended grantee shall be furnished with an environmental risk audit prepared by an environmental professional meeting the minimum requirements of ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(iii), certified to and acceptable to the grantee, assuring the grantee that there are no hazardous substance(s) (as defined hereinafter) on, under, to or from the land. This environmental audit shall be what is commonly referred to as a Phase I Environmental Audit, which shall meet the minimum requirements for a pre-acquisition audit as set for in ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(iii), (v).
(1) (a) In the event the Phase I Environmental Audit does not conclude there is no presence or likely presence of a release of substantial threat of a release of hazardous substance(s) or pesticide on, under, to or from the land, the grantee shall furnish a Phase II Environmental Audit as set forth in ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(iii), (vi), including a soil toxicity analysis and recommendation from said environmental professional, meeting the minimum requirements of ILCS Ch. 415, Act 5, § 22.2(j)(6)(E)(iii), which concludes that there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) on, under, to or from the land, and certifying that, in the judgment of the environmental professional, there is no reasonable probability that the land contains any hazardous substance(s) in violation of any federal or state environmental standards.
(b) In the event the Phase II Environmental Audit and/or soil toxicity analysis discloses the presence or likely presence of a release or a substantial threat of a release of any hazardous substance(s) at, on, under, to or from the land to the conveyed, the grantor shall first cause all these hazardous substance(s) to be removed at its sole cost and expense in accordance with all federal, state, and local environmental laws, rules, and regulations and furnish the intended grantee with a “No Further Remediation Letter” from the governmental agencies having jurisdiction over the cleanup prior to conveyance of any of the land to the intended grantee.
(2) Prior to the conveyance of the land, the subdivider or developer, as the case may be, and the owner of the land to be conveyed, shall execute and deliver to the intended grantee an Environmental Indemnification Agreement, which form has been approved by the Village Attorney and Village Board, agreeing to defend, indemnify and hold the Village, its corporate authorities, officers, officials, employees, agents, successors and assigns, and the school district, as the case may be, and its respective officers, officials, employees, agents, successors and assigns, harmless from and against any and all liability, claims, damages, causes of action and expenses arising out of the presence of any hazardous substance(s) in, under, or upon the land to be conveyed prior to the date of conveyance.
(3) HAZARDOUS SUBSTANCE(S) includes without limitation:
(a) Those substances included in the definitions of hazardous substances, extremely hazardous substances, hazardous materials, toxic substances, toxic chemicals, toxic wastes, hazardous chemicals, hazardous wastes, solid waste and pesticides in CERLA, SARA, RCRA, HSWA, TSCA, OSHA, FWPCE, ILCS Ch. 415, Act 60, §§ 1 et seq., ILCS Ch. 765, Act 9 and ILCS Ch. 430, Act 30, §§ 1 et seq., 49 U.S.C. §§ 1801 et seq., as amended, and as they may be amended in the future, and in the regulations promulgated pursuant to those laws;
(b) Those substances defined in § 1003 of the Illinois Environmental Protection Act and in the regulations promulgated pursuant to the Act or other Illinois laws pertaining thereto;
(c) Those substances listed in the U.S. Department of Transportation Table (49 C.F.R. pt. 172.101 and amendments thereto) or by the Environmental Protection Agency (or any successor agency) as hazardous substances (40 C.F.R. pt. 302 and amendments thereto);
(d) Those other substances, materials and wastes which are to become regulated under applicable local, state, or federal law, or which are classified as hazardous or toxic under federal, state, or local laws, ordinances, or regulations; and
(e) Any material waste or substance which is:
1. Asbestos;
2. Polychlorinated biphenols;
3. Designated as a hazardous substance pursuant to § 311 of the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (33 U.S.C. § 1321) or listed pursuant to § 307 of the Clean Water Act (33 U.S.C. § 1317);
4. Explosives; or
5. Radioactive materials.
(f) For purposes of this section, HAZARDOUS SUBSTANCES shall include petroleum or its byproducts as regulated under RCRA and any applicable state law or regulations.
(K) Suitability of soils at site. The subdivider or developer, at its own cost or expense, shall provide to the school district soil boring data, soil compaction test results and such other engineering studies, data and information pertaining to the proposed school site which the school district may request to enable it to determine the suitability of the proposed land dedication for school site purposes. The school district shall have the right to reject any site which the school district determines, in accordance with sound engineering practices, is not suitable for school site purposes.
(L) Title insurance, survey, assessment plats.
(1) Each deed or other instrument conveying land to the school district shall be accompanied by the following:
(a) A written commitment issued by a title insurer licensed to do business in the state to ensure the grantee’s title to the real estate in an amount equal to the value computed pursuant to division (C)(1)(a) herein, with extended coverage over the general exceptions to title and subject only to:
1. Real estate taxes not yet due and payable;
2. Covenants, conditions and restrictions which do not prohibit the use of the subject property for library, school, or park and recreational use;
3. Utility easements located within 20 feet of the boundary lines of the subject real estate (except where approved on the final engineering plans approved by the Village Engineer);
4. Drainage ditches, feeders and laterals;
5. Underground pipe or other conduit; and
6. Acts done or suffered by or judgments against the grantees.
(b) A current ALTA boundary line survey, certified to the grantee by a licensed Illinois land surveyor to be in compliance with the American Land Survey Standards, showing no encroachments; and
(c) Except in instances where the real estate is to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in a form acceptable to the appropriate Village authorities so the land to be conveyed can be assigned its own permanent real estate index number (PIN) for exemption purposes.
(2) In addition, monuments must be established and the land staked immediately prior to dedication of the property. The subdivider or developer shall pay for the cost of the owner’s title insurance in that amount, the ALTA survey, the assessment plat and any and all costs in connection with the tax division.
(M) Real estate tax escrow. The developer shall pay the general real estate taxes on the land not yet due and payable as of the date of transfer, and shall deposit a sum of money in escrow with the intended grantee’s attorney or a title company licensed to do business in the State of Illinois, which is prorated as of the date of transfer on the basis of 110% of the Tax Assessor’s latest assessed valuation, the latest known equalization factors and the latest known tax rate on the land. In the event the previous tax information or the previous tax bill includes other property, then the amount to be deposited in escrow shall be adjusted ratably based on the net acreage of the land compared to the net acreage of the other parcels covered by the tax bills. After the land has been divided for real estate tax purposes and has been conveyed to the intended grantee, the grantee shall proceed with due diligence to apply for a real estate tax exemption on the land.
(N) Objections. All objections relating to acreage requirements, presumptions as to fair market value, the Table of Estimated Ultimate Population Per Dwelling Unit or any other application of this section to a particular subdivision or planned development, shall first be referred to the Village Board for a hearing. An objection must be made, if at all, prior to the approval of the final plat of subdivision by the Village. A failure to object by that time shall constitute a waiver of the right to object to the provisions of this section. The procedure for a hearing before the Village Board shall be as follows:
(1) Duties of the Village Board. The Village Board shall serve in an advisory capacity and shall have the following duties:
(a) Resolve objections regarding the Table of Estimated Ultimate Population Per Dwelling Unit in division (N), the size of the school site in division (B)(2), the fair market value of the land used to calculate the cash contribution in division (C)(1)(a), or any other application of this section to a particular subdivision or planned development.
(b) The Village shall adopt procedural rules to be used in carrying out the duties imposed by this section.
(2) Information and services to be used. The Village shall make available to the Village Board all professional reports relating to the Table of Estimated Ultimate Population Per Dwelling Unit, the size of the school sites and the fair market value of land used in calculating these cash contributions. The Village Board may also retain the services of professionals (attorneys, appraisers, statisticians and the like) to assist in its review of issues raised by any objection.
(3) Procedure for resolving an objection.
(a) Upon receipt of an objection, the Village President shall place the same on the next regular meeting agenda of the Village Board. Thereafter the Village Board shall consider the objection and, by resolution, establish a hearing date.
(b) The Village Board shall provide public notice of the hearing date to consider the objection and shall notify affected school districts by certified mail, return receipt requested, of the filing of the objection and of any hearing regarding same.
(c) The objector shall publish notice of the hearing date once each week for 3 consecutive weeks, at least 30 days before but no more than 60 days before the scheduled date of the hearing. Notice shall be published in a newspaper of general circulation within the corporate limits of the Village. The notice of public hearing shall appear in the part of the paper where legal notices appear. The notice shall not be smaller than 1/4 page of a standard size or tabloid-size newspaper. The objector shall send a copy of the notice to any person who has requested the notice by certified mail (stamped at a U.S. Postal Service facility showing the date of mailing) at least 30 days prior to the hearing date.
(d) The notice shall contain all of the following information:
1. The headline shall read:
NOTICE OF PUBLIC HEARING ON OBJECTION TO APPLICATION OF ORDINANCE REQUIRING THE DEDICATION OF SCHOOL SITES OR PAYMENT OF THE CASH CONTRIBUTIONS IN LIEU THEREOF.
2. The date, time, and location of the public hearing;
3. A statement that the purpose of the hearing is to consider the objection to a component of the application of the ordinance requiring the dedication of school sites or calculation of cash in lieu thereof;
4. A general description of the parcel(s), service area or areas within the Village that are the subject of the hearing;
5. A statement that the Village shall make available to the public, upon request, an easily understandable and detailed map of the parcel(s), service area or areas to which the ordinance applies, and any other available information about the objection; and
6. A statement that any member of the public affected by the ordinance or the parcel(s) or service area shall have the right to appear at the public hearing and present testimony and/or evidence in support of or against the objection.
(e) A public hearing shall be held for the consideration of the objection. In addition to the Village, the affected school district shall be allowed to participate in the hearing as a party thereto to present evidence, cross-examine witnesses, and make arguments to the Village Board regarding the issues raised in the objection. The Village Board shall make a recommendation to adopt, reject in whole or in part, or modify the objection presented at the hearing, by written report to the Village, within 60 days after the hearing. The Village shall then have at least 60 but not more than 120 days to approve, disapprove, or modify, by ordinance or resolution, the findings in this section as it pertains to the development in question.
(4) Costs and fees. The objector shall bear all costs of the hearing before the Village Board, including but not limited to attendance fees paid the Village Board members, publication costs, professional consultants, and any other expenses of the Village.
(O) Condition to annexation. The dedications of land or cash contributions 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 therefor shall at a minimum be incorporated in any annexation or pre-annexation agreement governing the land. However, the Village reserves the right to negotiate dedications of land or cash contributions in lieu of land or a combination thereof greater than those set forth herein. Further, any requirements with respect to dedications of land or cash contributions in lieu of land shall be incorporated into any subdivision declaration of covenants running with the land.
(P) Indemnification. As a condition to the school district receiving the land dedications and/or cash contributions in lieu thereof, the school district shall execute an indemnification agreement in the form set forth in Exhibit A attached to Ord. 2003-8, which is hereby adopted by reference as if set out in full herein. This agreement shall be executed on or before June 1 of each year. Following execution of this agreement by the benefitting unit of local government, this indemnification agreement shall be furnished to the Village. In the event the benefitting unit of local government fails to execute and/or furnish the executed agreement as required in this section, the Village would not facilitate the collection of the land dedications and/or cash contributions in lieu thereof.
(Q) Distribution.
(1) The cash contributions in lieu of land dedications imposed by this section shall be collected and held by the school district to be expended in accordance with the standards in this section to the appropriate unit of local government and to be used for the purposes set forth in this section.
(2) As a condition of receipt of these land dedications and/or cash contributions in lieu of land dedications, the Village shall require that the school district benefitting from the land dedications and/or cash contributions conduct a needs assessment and adopt a plan for acquisition of land and capital facilities needed to accommodate growth.
(R) Needs assessment; land and capital facilities acquisition plan.
(1) A needs assessment shall contain the following information for each school district:
(a) A description of the nature and location of existing school lands and existing school and capital facilities within each district;
(b) An identification of the capacity of each school building within the particular district and of the number of students then enrolled in each school building;
(c) A projection of the character and location of new development that is expected to occur within each district during the succeeding 10-year period. The district may obtain the information necessary to make this projection from sources such as but not limited to municipalities, other units of government, agencies, and consultants;
(d) An identification of the amount of school lands that will be necessary within each district in order to accommodate the demands of the projected new development, and an estimate of the public grounds acquisition costs that will be incurred or have been incurred by each district in acquiring the lands;
(e) A general description of each classification of school capital facilities (including construction, expansion or enhancement of any public facilities and the land improvement, design, engineering, and professional costs related thereto) that will be necessary within each district in order to provide school capacity for the projected new development, and an estimate of the capital facilities costs that will be incurred by each district in constructing these capital facilities; and
(f) A description of funding sources to be used and an identification of the approximate amounts of those funding sources.
(2) If the Village deems it necessary, it may require an updated needs assessment and plan for acquisition of land and capital facilities from the district annually. The failure to require the assessment update shall not invalidate the requirements of this section. From time to time and at the request of the Village, the affected school district or districts receiving fees under this section shall provide reports to the Village.
(S) Time of payment.
(1) All land dedications and cash contributions imposed by this section shall be due and payable upon final plat approval. However, the Village may agree that the payment of the cash contributions may be made at the time of zoning permit issuance, in consideration of which the subdivider or developer shall execute an agreement, which is Exhibit B attached to Ord. 2003-8, agreeing that the cash contributions payable will be adjusted in accordance with the requirements herein, and further agreeing that the cash contributions may be expended for the purposes described in Exhibit B. This agreement or memorandum thereof shall be recorded along with the plat of subdivision upon approval by the Village. At the time of payment, the subdivider or developer shall receive a copy of this section and shall execute an acknowledgment that a copy of this section has been received. The executed acknowledgment shall be maintained and filed along with documents evidencing proof of land dedication or payment of cash contributions in lieu of land dedication by each subdivider or developer.
(2) In calculating the fee at the time of platting, the Village will assume the maximum density permitted under the zoning classification approved pursuant to the table attached to Ord. 2003-8 as Exhibit C. For example, if the subdivision in question is zoned single-family, the Village will assume for purposes of calculating fees payable, pursuant to this section, that all houses will have 5 bedrooms. Sufficient funds will be held pending issuance of the zoning permit to enable it to refund any overpayments resulting from the fact that houses with less than 5 bedrooms are constructed. Refunds shall be made at time of issuance of the zoning permit.
(3) The Village may agree that payment of fees be made at the time of zoning permit issuance, in consideration of which the subdivider or developer shall execute the agreement, which is Exhibit B of this section, agreeing that the fees payable will be adjusted in accordance with the requirements of this section, and further agreeing that the fees may be expended for the purposes described in that Exhibit B. In the event the Village agrees to delay the payment of the fees required under this section to the time of zoning permit issuance, the cash contributions owed shall be based upon this section or as provided in the future ordinances amending or replacing this section, which is in effect at the time the zoning permit is issued.
(T) Miscellaneous.
(1) The Village recognizes the fact that developments may differ in their impact upon a community. Consequently, the Village reserves the right to negotiate dedications, and seek input and consultation from the school districts, that are different from those contained in this section when annexing property to the Village pursuant to an annexation agreement.
(2) In calculating any cash contributions in lieu of land dedication payable at time of issuance of zoning permit, as provided in division (S) herein, the Village shall use the fair market value as set forth in division (F) or any amendment thereto and in effect at the time of the contribution and zoning permit issuance.
(U) Effective date. The effective date of this section is January 1, 2004.
(Ord. 2003-8, passed - -)