§ 156.04.E Cash and Land Donations
1.   Purpose. The purpose of this Section is to provide for the immediate and future needs of residents for facilities and services that include, among others, the public school system, parks and recreation, police, street maintenance, and fire protection. New residential development, including subdivisions, planned developments, annexations, or other residential development which has not previously met the requirements of this Section, shall be required to contribute to the costs incurred in meeting these needs.
2.   Applicability. The requirements of this Section shall apply to the following:
   a.   New residential subdivisions.
   b.   New residential planned developments.
   c.   Any annexation of land.
3.   Total Donation Required Per Development. The developer is required to dedicate land or to make a cash contribution in lieu of actual land and remit any fees as established in this Section, according to the formula set forth in Table 156.04.E-A. Determination of Total Donation Per Development. The donation of land to meet requirements is preferred, and cash contributions in lieu of actual land should only be accepted when unique inability to provide suitable land is demonstrated.
Table 156.04.E-A. Determination of Total Donation Per Development
 
Total Donation = Total Park Donation + Total School Donation + Other Cash Contributions
Total Park Donation = (AD in land donated) or (AD x FMV) + (AD x IIF)
Total School Donation = (AD in land donated) or (AD x FMV) + (AD x IIF)
AD = Acreage demand based on population generated by the development
FMV = Fair market value, adopted average cost per acre to purchase land
IIF = Initial improvements fee per acre, adopted to fund improvements of areas and facilities
 
4.   Ultimate Population Per Dwelling Unit. The ultimate population density generated by a subdivision, planned unit development, or annexation of land shall be based on the projections set forth in Table 156.04.E-B. Ultimate Population Per Dwelling Unit, and used in calculating the amounts of land and cash donations required by this Ordinance.
Table 156.04.E-B. Ultimate Population Per Dwelling Unit
Type of Dwelling
Preschool 0-4 Years
Elementary Grades K-6 5-11 Years
Junior High Grades 7-8
12-13 Years
Total Grades K-8
5-13 Years
High School Grades 9-12 14-17 Years
Adults 18 Years +
Total Per Dwelling
Type of Dwelling
Preschool 0-4 Years
Elementary Grades K-6 5-11 Years
Junior High Grades 7-8
12-13 Years
Total Grades K-8
5-13 Years
High School Grades 9-12 14-17 Years
Adults 18 Years +
Total Per Dwelling
Single-Unit Dwelling
1-Bedroom
0.000
0.000
0.000
0.000
0.000
1.193
1.193
2-Bedroom
0.113
0.136
0.048
0.184
0.020
1.700
2.017
3-Bedroom
0.292
0.369
0.173
0.542
0.184
1.881
2.899
4-Bedroom
0.418
0.530
0.298
0.828
0.360
2.158
3.764
5-Bedroom
0.283
0.345
0.248
0.593
0.300
2.594
3.770
Two-Unit Dwelling and Townhouse Dwelling
1-Bedroom
0.000
0.000
0.000
0.000
0.000
1.193
1.193
2-Bedroom
0.064
0.088
0.048
0.136
0.038
1.752
1.990
3-Bedroom
0.212
0.234
0.058
0.292
0.059
1.829
2.392
4-Bedroom
0.323
0.322
0.154
0.476
0.173
2.173
3.145
Multi-Unit Dwelling
Efficiency/
Studio
0.000
0.000
0.000
0.000
0.000
1.294
1.294
Assisted Living or Memory Care Unit
0.000
0.000
0.000
0.000
0.000
1.294
1.294
1-Bedroom
0.000
0.002
0.001
0.003
0.001
1.754
1.758
2-Bedroom
0.047
0.086
0.042
0.128
0.046
1.693
1.914
3-Bedroom
0.052
0.234
0.123
0.357
0.118
2.526
3.053
 
5.   Park Site Donation.
   a.   General Provisions.
      (1)   Conveyance of Land. Required land donations shall be provided per the requirements of §156.04.E.6 (Conveyance of Site).
      (2)   Cash Donations. Required cash donations shall be provided per the requirements of §156.04.E.9 (Cash Donations).
      (3)   Phasing. The improvement of all donated park land sites shall be completed by the developer before 20% of the certificates of occupancy have been issued, but in no event later than three years after the date-of-issuance for the first building permit issued for the development.
   b.   Land Donation Calculation.
      (1)   Park Acreage Requirement. The amount of required park land shall be determined by the ultimate density of the proposed development. For parks, 10.5 acres of park land per 1,000 residents shall be donated.
      (2)   Land Donation Formula. The following formula determines how many acres are required to be donated: The total number of units for each dwelling type to be built is multiplied by the corresponding population density in Table 156.04.E-B. Ultimate Population Per Dwelling Unit, and the product for each dwelling type is added to calculate the ultimate population of the development. The total ultimate population for all dwelling units is then divided by 1,000. The result of such division is then multiplied by 10.5 to determine total acreage needed for park land donation.
   c.   Initial Improvements Fee. In addition to the land donation set forth above (or the cash contribution in lieu thereof), subject developments shall be required to donate a sum of money for park site improvement costs. In order to provide for the improvement of areas and facilities to serve the residents of the dwelling units proposed, an initial improvements fee of $30,000 per acre of required park land donation is necessary.
   d.   Criteria for Required Park Land Donation.
      (1)   General Uses. The park land donation site must be suitable for the active park and recreation purposes for which it is intended, and shall be integral components of the neighborhood, not set-asides or left over parcels. The 10.5 acres of park land required per 1,000 of estimated population shall be generally divided among the various active park areas in accordance with the following classification:
Table 156.04.E-C. Active Park Land Types
 
Types of Recreation Area
Size Range
Acres Per 1,000 People
Play Lot-Mini Park
0.5 -1.5 acres
1.0
Neighborhood Park
3.0 -10.0 acres
4.5
Community Park
15.0+ acres
5.0
 
      (2)   Location.
         (a)   Parks shall be located no further than a 1,320 feet walking distance from every lot in the subdivision, to allow all users pedestrian access within an approximate five minute walk, and located so as to be accessible and largely visible from public streets and the surrounding neighborhood.
         (b)   The slope, topography, and geology of the donated site shall be compatible with the surrounding neighborhood.
         (c)   The Village shall retain final selection and approval authority for all park site locations.
      (3)   Compatibility with Current Plans. The elements of the comprehensive plan, park and open space plans, and plans for unincorporated lands will be used to guide the location of park sites. Land donation will only be accepted in those instances where a subdivider owns land in reasonable proximity to a planned future park site or is comparable thereto. In all other cases, the payment of fees in lieu of actual land is required.
      (4)   Condition of Donated Land. Donated land shall be in a condition ready for facility development including proper site drainage and curb and gutter treatment in a manner consistent with the balance of the development. Original topsoil and vegetative cover shall either remain undisturbed or the site shall be prepared with topsoil, fine-graded, and seeded in a manner consistent with the balance of the development.
   b.   Park Land Donation Substitutions.
      (1)   Fee In Lieu. If it is determined that park land would be more appropriately located off-site, per the requirements of § 156.04.E.9 (Cash Donations), the Village may agree to accept cash in lieu of land.
      (2)   Off-Site Park Land Donations. At the sole discretion of the Village, off-site park land may be accepted to meet up to 50% of the total required park land donation provided such land is accessible to the community, and advances Village goals to naturalize floodprone properties, and transition to passive recreation use, or to increase conservation areas that link and extend greenways. Prior to acceptance of such donation, all structures shall be removed from the subject property, all utilities disconnected, and all land restored to the appropriate natural cover and condition determined by the Zoning Administrator.
      (3)   Park Improvements Credit. The Village Board may recognize existing or proposed park improvements as equal to or greater than the value of the improvement fees required in this Section and may credit the development's total required park contribution with the value of such site improvements.
      (4)   Private Parks. At the sole discretion of the Village, up to 25% of the total park land donation may be established in a private park, provided that such land is determined to be of equivalent value and available by right to all residents of the development.
6.   School Site Donation.
   a.   General Provisions.
      (1)   Conveyance of Land. Required land donations shall be provided per the requirements of § 156.04.E.6 (Conveyance of Site).
      (2)   Cash Donations. Required cash donations shall be provided per the requirements of § 156.04.E.9 (Cash Donations).
   b.   School Land Donation Calculation.
      (1)   School Classifications and Size of School Site. School classifications and the size of school sites within the Village shall be determined in accordance with the criteria shown in Table 156.04.E-D. School Classifications and Size, which is consistent with the minimum site recommendations of the Illinois Office of Education Standards, as adopted by the Illinois State Board of Education.
      (2)   Land Donation Formula. The ultimate number of students to be generated by a subdivision, planned development, or annexation shall bear directly on the amount of land required for school sites. The following formula determines how many acres are required to be donated:
         (a)   The total number of units for each dwelling type to be built is multiplied by the corresponding population density in Table 156.04.E-B. Ultimate Population Per Dwelling Unit.
         (b)   Using the resulting projections for students, use Table 156.04.E-D. School Classifications and Size to establish the ratio of projected students to the required acreage for school sites of each school classification.
Table 156.04.E-D. School Classifications and Size
 
School Classification by Grades
Maximum Number of Students
Minimum Number of Acres of Land
Elementary schools, grades K-6
600
11
Middle schools, grades 7-8
1,200
29
High schools, grades 9-12
2,500
55
 
   c.   Initial Improvements Fee. In addition to the land donation requirement (or the cash contribution in lieu thereof), developments shall be required to donate a sum of money for school site capital improvements costs. In order to provide for the improvement of areas and facilities to serve the residents of the dwelling units proposed, an initial improvements fee of $1,000 per school age child (K-12) projected to be generated by the proposed development is necessary.
7.   Reservation of Additional Land. Where the Comprehensive Plan, park plan, or other Village or school district plan calls for a larger amount of park land or school site in a particular development than the amounts calculated by the requirements of this Section, the land needed beyond the required donation shall be reserved for subsequent purchase by the Village or other public body designated by the Village, at the current FMV as determined by the Village, provided that such acquisition, or an agreement for acquisition, is made within one year of final approval. The failure of the Village, school district or other public body to acquire, or reach an agreement for acquisition, within one year of final approval shall cause termination of the reservation and release said property for further development in accordance with Village regulations.
8.   Conveyance of Land Donation.
   a.   Title. All land donations for park, school or other public purpose shall be initially conveyed to the Village, within 30 days following the recording of a final plat, planned development agreement or annexation agreement, unless otherwise determined by the Village.
   b.   Conveyance Requirements. Each deed or other instrument conveying land to the Village, school district, or other public body shall be accompanied by:
      (1)   A written commitment issued by a title insurer licensed to do business in Illinois to insure the Village's title to such real estate in an amount equal to its value, subject only to then current general real estate taxes, covenants, conditions and restrictions which do not prohibit the use of the subject real estate for park or school use, utility easements located within 20 feet of the boundary lines of the subject real estate, and drainage ditches, feeders, laterals, and underground pipe or other conduit, and acts done or suffered by or judgments against the Village.
      (2)   A current boundary line survey, certified to the Village by a licensed Illinois Land Surveyor to be in compliance with the Illinois Land Survey Standard.
      (3)   In instances where the real estate to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in a form acceptable to the appropriate county authorities so that the land to be conveyed can be assigned its own permanent real estate index number for exemption purposes.
      (4)   An environmental audit, prepared by an environmental consultant acceptable to the Village, assuring the Village that there are no hazardous or toxic substances, wastes, materials or chemicals, as defined in federal, state and local laws, ordinances or regulations, on the property.
   c.   Maintenance. Maintenance of the land reserved for school or non-Village operated public purpose shall be the responsibility of the intended ultimate user from the date that it is conveyed to the Village or other public body until ownership is transferred or the property sold. Failure of the intended ultimate user to maintain the land shall result in the immediate relinquishing of all present and future rights to the property, subject to statutory law governing conveyances of municipal real estate.
9.   Cash Donations.
   a.   Establishment of Fees.
      (1)   Determination of In-Lieu Fee Amounts. The cash contribution in lieu of land shall be determined by multiplying the acreage demand for a given development by the average fair market value for land acquisition.
      (2)   Determination of Fair Market Value. The cash contributions in lieu of land shall be based on the fair market value of subdivided land improved as specified herein, that otherwise would have been donated as park, recreation, or school sites. The average fair market value for acquiring improved land in the Village is $115,000 per acre. The FMV shall be adjusted upward at an annual rate of 3% effective January 1, 2019 and annually thereafter.
      (3)   Initial Improvement Fees. Required fees to improve park and school facilities shall be paid as required by this Ordinance.
      (4)   Determination of Fees to Defray Increased Cost of Services. The fee amount to defray the increased cost of a service shall be set within this Ordinance and applied to the development on a per capita basis.
   b.   Criteria for Requiring a Contribution in Lieu of Park or School Sites.
      (1)   Unsuitability Determination. The determination that available land is unsuitable for a park or school site shall be made by the Village after inspection of the land by staff and receiving the recommendation of the local school board and developer affected.
      (2)   Small or Otherwise Inappropriate Sites. In cases where a development is small and the resulting site would not be practical or appropriate for a school or park, the Village shall require the developer to pay a cash contribution in lieu of land donation.
      (3)   All other fees-in-lieu permitted in this ordinance shall be subject to their own requirements as specified elsewhere in this ordinance.
   c.   Donation of Both Land and Cash In Lieu of Land. There will be situations when a combination of land and a cash contribution in lieu of land are both necessary. These occasions will be determined by the Village at its sole discretion and will generally occur when:
      (1)   Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be donated as a site aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that is required to be donated.
      (2)   A part of the designated park 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 donation, and a cash contribution in lieu thereof shall be required.
      (3)   When certain park or school sites will be donated, and the balance of the required park or school site acreage would be too small or otherwise unsuitable for park or school sites, then cash shall be contributed in lieu of the balance of the required school or park site acreage.
   d.   Time and Manner of Payment. Payments covering fees in lieu and initial improvement fees shall be paid at the time of final plat, planned development, or annexation agreement approval, or calculated according to the number of dwelling units in the development with a proportionate amount paid at the time a building permit is issued for each unit. The amount of each payment shall be determined by the Village at the time of approval of the final subdivision plat, the final plan of a planned development, or the building permit, as the case may be.
   e.   Acceptance and Distribution of Cash Donations to Special Districts.
      (1)   Deposit and Distribution. The cash contributions to be paid to defray the increased cost of a non-Village service shall be deposited with the Village Treasurer and subsequently paid out upon written request by the applicable district and approval of the Village, without interest. Said funds shall be used by the applicable district in which said funds were collected solely for new facility or facility upgrades, equipment purchases or upgrades and those other operational purposes necessary to provide adequate service provision within the corporate limits of the Village. The district shall submit semi-annual reports which include a detailed accounting of all expenditures using the Village cash contributions and the fund balance.
      (2)   Indemnification. By acceptance of land or cash, or both, pursuant to the provisions hereof; the district shall indemnify the Village against any loss, cost or expense, including reasonable attorney's fees, arising out of; or on account of; any land or payments designated for said district under the provisions of this Section. Prior to the actual transfer of land or funds, the district shall make the foregoing indemnity to the Village in writing.
      (3)   Reimbursement. By acceptance of land or cash, or both, pursuant to the provisions hereof; the district shall reimburse the Village for all costs and expenses it incurs in connection with obtaining the land or cash required by this Section. Payment of said amount shall be made to the Village within 30 days of the district's receipt of the land or cash as provided herein, or the receipt of an invoice from the Village whichever occurs later.
      (4)   Challenges to Ordinance. In the event of any claim, demand, or litigation against the Village in connection with this Ordinance, the district will be solely responsible for all costs, expenses, and attorneys' fees incurred in defending, supporting or upholding the validity of said Ordinance provided, however, that the district may retain counsel of its choice and determine an appropriate course of action in connection with any such claim, demand, or litigation. In no event, however, shall the Village be responsible for any expenses or costs as the district assumes all financial responsibility concerning any challenges or claims to the validity of this Ordinance.
10.   Funds to Defray Administrative Facilities. In order to help the Village defray the cost of providing administrative services for the new development, a cash contribution in the amount of $250 per capita shall be made to the Village, for each person generated, with population to be computed in accordance with Table 156.04.E-B. Ultimate Population Per Dwelling Unit and accepted in accordance with § 156.04.E.9.e (Acceptance and Distribution of Cash Donations to Special Districts).
11.   Funds to Defray Fire Protection. In order to defray the cost of fire protection as furnished by the appropriate fire protection district, a contribution of $100 per capita shall be made to the Village for each person generated. Population to be computed in accordance with Table 156.04.E-B. Ultimate Population Per Dwelling Unit and accepted in accordance with § 156.04.E.9.e (Acceptance and Distribution of Cash Donations to Special Districts).
12.   Funds to Defray Library Facilities. In order to defray the cost of library facilities and services to serve the immediate and future needs of the residents of a new development, a cash contribution of $100 shall be made
   for each person generated from the development. Population shall be computed in accordance with Table 156.04.E-B. Ultimate Population Per Dwelling Unit and accepted in accordance with § 156.04.E.9.e (Acceptance and Distribution of Cash Donations to Special Districts).