A. Definitions: For the purposes of this section, the following words shall have the meanings ascribed to them in this subsection:
COMMUNITY PARK: A large park, generally ten (10) acres or more in size, and generally used by the residents of the city and park district.
LOT: Land which is part of a subdivision or a parcel of land whose boundaries have been established by some legal instrument, and is shown on a map or plat thereof, which has been legally approved by the city council and recorded in the office of the recorder of deeds of DeKalb County.
NEIGHBORHOOD PARK: A small park, usually but not necessarily less than ten (10) acres in size, and more than one and one-half (1.5) acres in size, primarily providing recreational facilities by persons residing within one-half (1/2) mile of such park.
PERSON: A natural person, corporation, firm, partnership, association, agency, organization, company, or any other group acting as a unit.
PLANNED UNIT DEVELOPER: Any person who, having an interest in land, causes it directly or indirectly to be the subject of a special use permit for the creation and maintenance of a planned unit development.
PLANNED UNIT DEVELOPMENT: Any parcel or tract of land, initially under single ownership or control, that contains two (2) or more principal buildings and is planned and constructed as a unified development where specific regulations of a given zoning district are modified through the issuance of a special use permit, except for amendments to an existing special use permit, which result in less than a ten percent (10%) increase of dwelling units.
RESIDENTIAL PLANNED UNIT DEVELOPMENT: Any planned unit development which can be used for dwelling purposes under the provisions of the zoning ordinance of the city of Sycamore.
RESIDENTIAL SUBDIVISION: A subdivision of land which can be used for dwelling purposes under the provisions of the zoning ordinance of the city of Sycamore.
SUBDIVIDER: Any person who, having an interest in land, causes it, directly or indirectly to be divided into a subdivision.
SUBDIVISION: Any division of land, tract, or parcel into two (2) or more lots, parcels, plats, or sites, or such other divisions of land for the purpose of sale, lease, offer, or development, whether immediate or future, except for divisions which are exempt from the provisions of the Illinois plat act, 65 Illinois Compiled Statutes 205/1 et seq., and/or which result in less than a ten percent (10%) increase in the number of buildable lots. The term shall include the division of land whether by deed, metes and bounds description, lease, map, plat, or other instrument.
B. Criteria For Cash Contribution In Lieu Of The Dedication Of Park And Recreation Land: As a condition of approval of a final plat of a residential subdivision or approval of a final special use permit for a residential 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 subdivision or planned unit developer shall be required to contribute cash in lieu of actual land for parks and recreation sites and facilities in accordance with the criteria set forth hereinafter. The requirements for cash contribution in lieu of dedication of land shall only apply to: 1) lands situated in or contiguous with both the city and park district boundaries, or 2) lands within the city's planning jurisdiction of one and one-half (11/2) miles beyond the corporate limits and not within any municipality (and owners and occupants thereof) relative to which the park district is willing to allow all benefits of park district facilities and programs on the same terms as if the lands were within the boundaries of the park district, pursuant to an annexation agreement between the residential subdivider or residential planned unit developer and the park district. Unless the park district states to the contrary at a public hearing with regard to a proposed subdivision or planned unit development, it shall be presumed that the park district is willing to allow such benefits pursuant to such an annexation agreement. The following criteria shall apply:
1. Population Ratio: The ultimate population density to be generated by a residential subdivision or residential planned unit development shall bear directly upon the amount of land required to be dedicated for park and recreation sites and to determine the cash contribution required of such dedication. The land dedication requirement shall be determined by obtaining the total population of the development determined by application of table 1 of this section, to the number of units of each type forecast the development, and multiplying that number times 11.5 acres per one thousand (1,000) population (10 acres per 1,000 population for community parks, and 1.5 acres per 1,000 population for neighborhood parks). The product thereof shall be the acres of land deemed needed to have sufficient land for parks and recreation sites to serve the estimated increase in the population. For purposes of determining a contribution at the time of final plat or special use permit, it is presumed that each single-family family home will have three (3) bedrooms. For other dwelling units, such as townhouses or apartments, it is presumed that each will have two (2) bedrooms.
2. Donation Requirement; Calculation Example: Development A containing two hundred (200) detached single-family, three (3) bedroom (or more) homes will generate a total population of six hundred (600) times the required acreage/population = total acres.
Total 600 x 10 acres divided by 1,000 plus 600 x 1.5 acres divided by 1,000 = 6 acres (community parks) and 0.90 acre (neighborhood parks).
3. Credit For Prior Payment Or Dedication: When a subdivider or planned unit developer would be responsible for a contribution of cash under this section with respect to any lot and a contribution has, prior to that time, been required under this section with respect to the land contained in the same lot, or any part thereof, then the said subdivider or planned unit developer shall be entitled to a credit against the then due contribution in an amount equal to the total of all prior contributions with respect to said lot. If any prior contribution was made with respect to land larger than the lot in question, then the credit amount shall be calculated by the city, in its sole discretion, on a pro rata basis approximating as closely as possible the allocation of population over the larger land area.
4. Collection Of Fees:
a. The cash contribution in lieu of park and recreation land dedication shall be held by the park district for the acquisition of park and recreational land which will be available to serve the immediate and future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation sites and facilities that already serve such needs. No other use shall be made of the funds so collected. The park district, as part of its annual audit, shall conduct an annual audit, pursuant to generally accepted accounting practices, of the funds collected and spent under this section and publish the audit in a newspaper of general circulation within 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 cash contribution to be required shall be determined at the time the final plat or special use permit for a planned unit development is approved by the Sycamore city council.
c. Prior to execution of the final plat by the city council, the planned unit developer or subdivider, specifically including the beneficiaries of any land trust, shall tender payment of the required contribution in the form of a certified check or cashier's check payable to the Sycamore park district.
d. In the event that the requirement for payment of the cash contribution for park district fees is waived by the park district until the time of the issuance of building permits, the building contractor shall pay said fee directly to the park district at the district office. The park district shall then issue two (2) copies of a receipt, one for the builder or building contractor and one for the city, prior to the issuance of the permit to build.
5. Refund: If any portion of a cash contribution in lieu of park or recreation sites is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded to the lot owner or owners of those lots for which the contribution was made, which owner or owners are determined at the time the date of refund is established. Any such refund will be paid only after application for refund by the owner, and proof that such funds have not been expended, in such form as is acceptable to the city. (Ord. 2001.87, 4-15-2002, eff. 5-1-2002)
6. Fair Market Value: The cash contributions 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 park and recreation sites. A single determination of "fair market value" is not possible, but a determination has been made that, generally, the "fair market value" for any particular parcel of improved land suitable for neighborhood park purposes shall be determined to be ninety two thousand eight hundred twenty five dollars ($92,825.00) per acre, and the "fair market value" for any particular parcel of improved land suitable for community park purposes shall be determined to be eighteen thousand four hundred fifty three dollars ($18,453.00) per acre. This valuation determined shall be used unless the subdivider or planned unit developer files a written objection thereto. In the event of any such objection, the subdivider or developer 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 Council, after review by its Plan Commission, 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.
7. Density Formula: Table 1 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 planned unit developer files a written objection to the table of estimated ultimate population per dwelling unit, he shall submit his own demographic study showing the estimated additional population to be generated from the residential subdivision or residential 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 council, after review by its plan commission, based upon such demographic information submitted by the subdivider or planned unit developer and from other sources which may be submitted to the city by the park district or others. It is recognized that population density and local conditions change over the years, and the specific formula for payment of fees in lieu of the dedication of land, as stated herein, is subject to periodic review and amendment, if necessary.
(Ord. 2001.87, 4-15-2002; eff. 5-1-2002; amd. Ord. 2016.21, 8-15-2016; Ord. 2019.42, 12-16-2019; Ord. 2023.04, 5-1-2023)