10-3-4: CONTRIBUTION OF CASH IN LIEU OF DEDICATION OF SCHOOL SITES:
As a condition of approval of final plat of subdivision or planned unit development within the city's boundaries or outside the city's boundaries but within its planning jurisdiction of one and one-half (11/2) miles beyond the corporate limits and not within any municipality, each subdivider (excluding resubdivisions) or planned unit developer shall be required to contribute cash in lieu of actual land for a school site in accordance with the following criteria:
   A.   Criteria For Cash Contribution In Lieu Of School Site Dedication:
      1.   Requirement And Population Ratio: 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 determine the cash contribution to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of: a) estimated children to be served in each school classification (this number is determined by applying the estimated ultimate population per dwelling unit table, as shown in subsection I of this section, to the number of respective units in the development) over the b) maximum recommended number of students to be served in each such school classification as stated in this section, and then applying such ratio to the c) said minimum recommended number of acres for a school site of each such classification as stated in this section. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increase in the number of children in each such school classification. For purposes of this computation it is presumed solely as an estimate that each single-family home will have three (3) bedrooms. For other dwelling units, such as townhouses or apartments, it is presumed that each have two (2) bedrooms. The final amount shall be determined by the school district based on the building permit application for each lot.
Example: Development A will generate 60 elementary students
 
Estimated children per school classification Maximum school classification recommendation
x
Minimum recommendation per classification of school size
=
Acres to be dedicated
60
550 (K-5)
x
15 acres
=
1.64 acres
 
      2.   School Classification And Size Of School Site: School classification and size of school sites required shall be determined in accordance with the following criteria which is consistent with the minimum site recommendations of the Illinois state board of education:
 
Classification By Grades
Maximum Number Of Students For Each Classification
Minimum Number Of Acres Of Land For Each School Site Classification
Elementary K-5
550 students
15 acres
Middle school 6-8
750 students
30 acres
High school
1,500 students
80 acres
 
   B.   Contribution Of Cash In Lieu Of School Sites:
      1.   Required: The city shall require a cash contribution in lieu of land dedication by the subdivider or planned unit developer.
      2.   Collection Of Fees:
         a.   The cash contributions in lieu of school sites shall be held in trust by the school district which services the property to be developed, i.e., Sycamore Community Unit School District No. 427, hereinafter collectively referred to as the "school district", or their successors. The funds collected by the school district pursuant to this section shall be used only for: 1) the purchase of real estate or structures for use as schools or educational facilities for students in Sycamore, Illinois, and the school district; 2) the construction of new buildings for use as schools or educational facilities for students in Sycamore, Illinois, and the school district; or 3) the modification of existing school buildings or educational facilities for students in Sycamore, Illinois, and the school district. No other use shall be made of the funds so collected. The school district shall conduct an annual audit, pursuant to accepted accounting practices, of the funds collected and spent under this section and publish the audit in a newspaper of general circulation in the city of Sycamore, Illinois. Failure to publish shall not invalidate this section or diminish the right to collect or hold funds.
         b.   The total estimated cash contribution to be required shall be determined at the time the final plat is approved by vote of the Sycamore city council and shall constitute a lien on the real property described in the plat which may be foreclosed in a proper civil proceeding. The developer or subdivider shall include the following language as a restriction on the final plat:
The Education Fee Ordinance of the City of Sycamore, City Code Section 10-3-4, requires the payment of cash in lieu of land before issuance of a building permit. The time and amount of payment shall be determined in accordance with City Code Section 10-3-4.
Prior to execution of the final plat by the appropriate city officials, the developer or subdivider, specifically including the beneficiaries of any land trust, shall, as security for the payment as determined, provide the city with an installment judgment note in the form as laid out in subsection F of this section, which shall be due and payable in the event that the payments are not paid when due. Prior to the issuance of any building permit the developer or subdivider, or such assigns or successors in interest shall pay the school district the amount of cash payment attributable to the land relating to the building permit.
      3.   Fair Market Value: The cash contribution in lieu of land shall be based on the "fair market value" of the acres of improved land in the area that otherwise would have been dedicated as school sites. A single determination of "fair market value" is not possible. The "fair market value" for any particular parcel shall be determined to be ninety two thousand eight hundred twenty five dollars ($92,825.00) per acre. This valuation shall be used unless the subdivider, developer, or any public body files a written objection thereto. In the event of any such objection, the subdivider, developer, or public body filing the objection shall submit an appraisal showing the "fair market value" of such improved land in the area of development or other evidence. Final determination of said "fair market value" per acre of such improved land shall be made by the city after a duly noticed hearing based on such information submitted by the subdivider or developer and from other sources as may be submitted to the city by affected parties.
   C.   Time Of Payments:
      1.   Territory Outside The City Limits: Where the territory in the subdivision or planned unit development is located outside the city's corporate boundaries but within its planning jurisdiction of one and one-half (11/2) miles beyond the corporate limits and not included in any municipality, the cash contribution required by this section shall be payable directly to the school district when the city approves such subdivision or planned unit development. If the subdivider or planned unit developer has made a contribution of cash or land for a school site to the school district based on the property sought to be approved under the ordinances of DeKalb County, Illinois, the amount so paid shall be recognized as a credit toward this payment.
      2.   Territory Within The City Limits: Where the territory in the subdivision or planned unit development is located within the city boundaries, a subdivider or developer shall make each cash contribution required under this section directly to the school district. The school district shall issue a receipt and release of lien as evidence of payment. No building permit shall be issued for any improvements to be constructed on any lands affected by this section unless a copy of such receipt is submitted with the application. Issuance of the building permit without such payment shall be construed as a waiver.
   D.   Density Formula: The table laid out in subsection H of this section, being the same as estimated ultimate population per dwelling unit, 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 cash contributions in lieu of land unless a written objection is filed thereto by the subdivider or developer. In the event a subdivider or developer files a written objection to the table of estimated ultimate school population per dwelling unit shown in subsection H of this section, 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 city, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the city by the school district or others. 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.   Improved Sites: "Improved sites" are defined as all sites in a condition ready for full service of electrical, water, sewer, and streets (including enclosed drainage and curb and gutter) as applicable to location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of "improved sites" shall be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon.
   F.   Installment Judgment Note:
               INSTALLMENT JUDGMENT NOTE
On                 200   , for value received,                       whose principal place of business is located at                      City of                      , County of                     , State of                      , herein referred to as PROMISOR(s) to pay to the City of Sycamore, Illinois, a municipal corporation organized under the laws of the State of Illinois, herein referred to as PAYEE, at 308 West State Street, City of Sycamore, County of DeKalb, State of Illinois, as follows:
Dollars ($ ) with zero (0%) percent interest, payable in installments
Dollars ($ ) on or before the issuance of a building permit on every lot in the subdivision or planned unit development commonly known as:                     in the City of Sycamore, County of DeKalb, State of Illinois, beginning on the issuance of the first building permit and continuing on the issuance of each building permit thereafter until paid in full. If there is a default on any payment when due, the entire amount of principal shall become immediately due and payable at the option of PAYEE, without notice, and the principal balance remaining shall thereafter bear interest at the rate of nine (9%) per cent per annum from the date of default.
The PROMISOR(s), jointly and severally, authorize any attorney to appear in any court of record of the State of Illinois, or any other state in the United States, on default in any payment of any installment due on this instrument, to waive the issuing and service or process, to admit the maturity of this instrument by acceleration or otherwise, and to confess judgment against the PROMISOR(s) in favor of PAYEE for the amount remaining to be paid on this instrument, together with costs of suit and reasonable attorneys' fees, and to release all errors and waive all right of appeal and stay of execution.
No judgment or judgements against less than all of the PROMISOR(s) shall be a bar to a subsequent judgment or judgements against anyone or more of the PROMISOR(s) against whom judgment has not been obtained on this instrument.
If the Maker consists of more than one person or entity, their obligations under this Note will be joint and several. The Maker agrees to pay all costs of collection when incurred, including, but not limited to, reasonable attorneys' fees.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. The terms of this Note shall be binding on the parties hereto, their heirs, executors, successors and assigns.
This Note will be governed by Illinois law.
In witness whereof, the PROMISOR(s) has (have) caused this note to be executed on this            day of                 , 200     .
   PROMISOR(s)
                      
                      
   G.   Fees: Applicable fees are provided for in the City of Sycamore Consolidated Fee Schedule.
      1.   Developer would sign an installment judgment note at the time the development was given final approval. For purposes of the note, it shall be presumed that each single detached family dwelling will have three (3) bedrooms and for other dwelling units, i.e., townhouses or apartments, it shall be presumed that each have two (2) bedrooms. The actual final amount due shall be determined by the school district based on the building permit application for each lot.
      2.   Each building permit would require a receipt from the school district verifying payment of appropriate fee. Appropriate fee is based on actual number of bedrooms and type of building.
   H.    Estimated Ultimate School Population Per Dwelling Unit:
   ESTIMATED ULTIMATE SCHOOL POPULATION PER DWELLING UNIT
Unit Type
Preschool
4 - 5 Years
Elementary
Grades K - 5
5 - 10 Years
Junior High
Grades 6 - 8
11 - 13 Years
Total
Grades K - 8
5 - 13 Years
High School
Grades 9 - 12
14 - 17 Years
Adults
18+ Years
Total Per
Dwelling Unit
Unit Type
Preschool
4 - 5 Years
Elementary
Grades K - 5
5 - 10 Years
Junior High
Grades 6 - 8
11 - 13 Years
Total
Grades K - 8
5 - 13 Years
High School
Grades 9 - 12
14 - 17 Years
Adults
18+ Years
Total Per
Dwelling Unit
Detached house:
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
0.416
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
Attached house:
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-dwelling structures:
Efficiency
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
 
Source: Associated Municipal Consultants, Inc., Naperville, Illinois, 1996.
(Ord. 2003.87, 2-16-2004, eff. 2-16-2004; amd. Ord. 2016.20, 8-15-2016; Ord. 2019.41, 12-16-2019; Ord. 2023.04, 5-1-2023)