As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for school sites and parks and recreational purposes, to serve the immediate and future needs to the residents of the development; or cash contributions in lieu of actual dedication; or a combination of both at the option of the village in accordance with the following criteria and formula:
A. Criteria For Requiring School Site Dedication:
1. Requirement And Population Ratio: The ultimate number of students to be generated by a subdivision or planned unit development shall be determined by obtaining the ratio of: a) estimated children to be served in each such school classification over the b) maximum recommended number of students to be served in each such school classification as stated herein, and their applying such ratio to the c) said minimum recommended number of acres for a school site of each school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification.
2. 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 Grades | Maximum Number Of Students For Each Such School Classification | Minimum Number Of Acres Of Land For Each School Site Of Such Classification |
Elementary schools, grades kindergarten to 6th (K-6) | 600 students | 15 acres |
Junior high schools, grades 7th and 8th (7-8) | 900 students | 35 acres |
High schools, grades 9th to 12th (9-12) | 1,500 students | 80 acres |
3. Location: The official plan and the standards adopted by the affected school district shall be used as a guideline in locating sites.
B. Criteria For Requiring Park And Recreation Land Dedication:
1. Requirement And Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be ten (10) acres of land per one thousand (1,000) of ultimate population in accordance with the following classifications:
Types Of Recreation Area | Minimum Size Range | Minimum Acres Per 1,000 People | |
Play lot | 8,000 square feet | n/a | |
School - park* (neighborhood playground) | 5 acres | n/a | |
Neighborhood park | 3.5 acres | 1.0 | |
Districtwide park or play field | 4 acres - up to 30 acres | 1.25 | |
Community wide recreation park | 12 acres - up to 30 acres | 2.0 | |
*Park site adjacent total, but not including school | 10 acres of land per 1,000 people |
No land defined as "wetland" in subsection B2 of this section shall be credited in the land dedicated to the park district for park purposes.
2. Wetland: "Wetlands" are areas designated by the current U.S. army corps of engineers delineation manual and any regional supplements or manual revisions and are areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas, and those transitional lands between terrestrial and aquatic systems where the water table is at or near the surface or the lands are covered by shallow water. Wetland mitigation plans are required and shall be done in accordance with this code. (Ord. 2010-27, 12-2-2010)
3. Credit For Private Open Space And Recreation Areas: When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the sites of the development, a portion of the park and recreation in subdivision or planned unit developments may, at the option of the planning and zoning board and upon agreement of the park district, 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 planning and zoning board, based on the needs of the projected residents and in conformance to the total park and recreation land plan adopted by the park district for general use and approved by the village board. (Ord. 2010-27, 12-2-2010; amd. Ord. 2015-9, 5-7-2015)
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 developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be submitted to the park district 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. Private "swimming clubs" are included in the provision. When an adjustment for private recreation areas is warranted, it will be necessary to complete 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. However, in no case shall private recreational facilities constitute more than seventy five percent (75%) of the total requirement. The park district shall either approve, or disapprove, said plans within thirty (30) days after submittal to it by the subdivider, or developer. Approval by the park district is a condition precedent to allowance of credit for private open space.
C. Criteria For Requiring Contribution In Lieu Of Park And School Sites: Where the development is small and the resulting site is too small to be practical, or when available land is inappropriate for park and recreational purposes or a school site, the village shall require the subdivider/developer to pay cash contribution in lieu of land dedication required. This cash contribution in lieu of park and recreation land dedication shall be collected by the village for the park district solely for the acquisition of park area recreation land as hereinbefore was 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 recreational land which already serves such needs. The cash contribution in lieu of school sites shall be collected by the village for the school district to be used solely for the acquisition by the school district of a school site to serve the immediate and/or future needs of children from the proposed subdivision or PUD, or for the improvement (including, without limitation, the construction of new buildings and building additions and improvements) of any existing school site which will predominantly serve such needs. If any portion of a cash contribution in lieu of park and recreation land dedication, or cash contribution in lieu of school site is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded, by the taxing body (i.e., a school district or park district), to the owners of record of all lots, except lots dedicated pursuant to the provisions of this section, in the subdivision for which such contribution was made. The refund shall be paid to the person who is the owner of record on the day which is the tenth anniversary of the receipt of such contribution, together with accrued interest thereon, divided by the total number of lots in the subdivision (excluding only those lots which were dedicated pursuant to this section) for which such contribution was made.
1. Fair Market Value: The cash contributions in lieu of land shall be based on the "fair market value" of the improved land as determined by an MAI appraisal of the total acreage included in the proposed development, exclusive of wetlands as defined herein. The present "fair market value" of such land shall be determined by the following four (4) factors:
a. The average cost of one acre of unimproved, unannexed land;
b. The cost per acre for specified improvements, including, but not limited to, streets, water and sanitary sewer service, stormwater installation, streetlights, curbs and gutters;
c. The cost of mass grading of the subdivision; and
d. The average cost for extension of the sanitary sewer and water service.
In the event the park district or school district contest the valuation established in said MAI appraisal, said park district or school district shall have the option of obtaining their own MAI appraisal. The final determination of said "fair market value" per acre of such improved land shall be made by the corporate authorities of the village based upon the values established in the MAI appraisal or appraisals. For purposes of this section, the term "fair market value" shall be deemed to mean no less than eighty three thousand dollars ($83,000.00) per acre, as such figure may be changed upward or downward from time to time by amendment to this chapter.
2. Criteria For Requiring A Dedication And Fee: There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:
a. 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 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.
b. 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.
D. Density Formula: The table of population density set forth in subsection J of this section is generally indicative of current 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 hereto by the subdivider or developer. In the event a subdivider files a written objection to the table of estimated ultimate population listed herein, he shall submit his own demographic study showing the estimated additional 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 school and/or park 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.
E. Combining With Adjoining Developments: Where the subdivision or planned unit development is less than forty (40) acres, public open space or school sites which are to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or schools sites without hardship on a particular developer.
F. Topography And Grading: The entire site shall be graded to provide adequate stormwater runoff to ensure usable land, a minimum surface grade of two percent (2%) shall be maintained; if this cannot be provided, underground drainage shall be installed.
A minimum of four inches (4") of topsoil shall be provided and fine graded, seeded and fertilized to provide turfed area preparatory for recreational facilities by the park district or school district.
G. Access Into Site:
1. Direct access from public rights of ways shall be provided as listed in the following table:
Park Area Size (Total) | Number Of Access Point | Width Of Each Access |
0 to 5 acres | 2 | 60'0" |
5 to 15 acres | 3 | 60'0" |
15 to 25 acres | 3 | Total length 250'0" |
(Ord. 2010-27, 12-2-2010)
2. Over twenty five (25) acres may require additional footage which may be recommended by the planning and zoning board and approved by the village board.
3. Where a new development adjoins an existing park site, the developer shall provide access to the park. Size of access shall be as recommended by the planning and zoning board and approved by the village board. (Ord. 2010-27, 12-2-2010; amd. Ord. 2015-9, 5-7-2015)
4. There shall be a minimum of three (3) acres of high ground for parks around ponds up to five (5) acres in size. Park sizes for ponds over five (5) acres shall be negotiated.
5. A plat of survey showing adjacent streets, lots and right of way with utilities shall be filed with the park district.
H. Improved Sites: All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including closed drainage and curb and gutter) as applicable to the location of the site, or acceptable provisions made therefor. The term "improved site" means that the dedicated site shall be deeded to the park district or school district, upon completion of the following items:
1. Fine grading and seeding of site.
2. Drainage from adjacent private property shall not create unusual and difficult maintenance problems, therefore positive drainage shall be provided around the perimeter of the property.
I. Annexation Of Lands: The dedications of land and/or cash contributions as required by this section shall also be required as a condition to the annexation of any land to the village and provisions therefor shall be incorporated in any annexation or preannexation agreements governing such land. All final plats of annexation shall include a paragraph providing that said lands are hereby annexed to the Streamwood park district.
J. Population Density Tables: The current edition of the "Per Density Unit" as published by the Illinois school consulting service shall be adopted as the village standard.
K. Administration: The village shall administer this section for the governmental bodies having entered into agreement with the village under the intergovernmental agreement governing the transfer of revenue derived from the village of Streamwood land donation ordinance.
L. Conflicting Provisions: Where there is conflict between this section and other subdivision control regulations, the subdivision control regulations shall govern.
M. Development Impact Fees: As a condition of the approval of a final plat of subdivision or a final plat of a planned unit development, or an annexation, the subdivider or developer shall pay to the village a development impact fee to help defray the cost of municipal services that relate to the needs of the development and its residents. This fee is calculated based on the village capital budget, and the tax lag. The development impact fee schedule is updated by the village periodically by ordinance. The current development impact fee is two thousand one hundred one dollars ($2,101.00) per residential dwelling unit. (Ord. 2010-27, 12-2-2010)