A. Criteria:
1. School Land Contribution: The village board will require each subdivider and developer of land to donate land for school sites to serve the immediate and future needs of the residents of the parcel. Such contribution is necessary to ensure proper provision of school sites for persons who are expected to reside within the subdivision or development, which sites would otherwise have to be acquired at the expense of the general public, but whose utility would generally be limited to residents of the parcel.
a. Philosophy Of Acceptance:
(1) All elementary, junior high, and senior high schools shall be located to serve the greatest number of children possible within walking distance. Access shall be available on fully improved streets.
(2) Adjacent land use to the school site must be considered. School sites shall not serve as buffers between residential/commercial and residential/industrial use.
b. Calculating Requirement:
(1) The ultimate number of students to be generated by a subdivision or development shall bear directly upon the amount of land required to be dedicated for school sites.
(2) The land dedication requirement shall be determined by:
(A) See worksheet E in appendix III, section 10-7-3 of this title, using table B, "Estimated Ultimate Population".
(B) Obtain the number of dwelling units for each type of unit listed in table B (detached/attached, bedrooms). Identify these values as number of units per type.
(C) For elementary school, find the number of children per unit in table B that corresponds to the type of unit. Multiply that by the number of units per type.
(D) Find the sum or total students that will attend the elementary school.
(E) Using table C, "Base School Population And Site Size", in appendix III, section 10-7-3 of this title, find the maximum number of acres of land per student for each school classification in column III. Multiply that value by the total obtained in subsection A1b(2)(D) above. This value is the total acres required for elementary school.
(F) Repeat subsections A1b(2)(C) to A1b(2)(E) of this section substituting middle school and high school where elementary school was used.
(G) Add the total acres for each school classification. This value is the total acres that will be required to be dedicated for school sites.
c. Whenever planning is done jointly with the park district for a school/park site, the school owned portion shall comply with the specifications contained herein.
d. The comprehensive school plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites. Variances in land uses could, however, change the locations and/or number of sites.
2. Criteria For Requiring Park Land Contribution: The village board will require each subdivider and developer of land to donate land for public open space and recreation purposes to serve the immediate and future needs of the residents of the parcel. The amount of land shall be determined on the basis of ten (10) acres per one thousand (1,000) persons calculated as provided in the column total per dwelling unit (last) in table B, "Estimated Ultimate Population", in appendix III, section 10-7-3 of this title. (1999 Code § 10.05.05)
B. Review Of Park Site Improvements: Prior to conveyance of a public open space site to the village, the subdivider or developer shall submit to the village board its plans for any improvements to be made to such park site. Conveyance of property required by this chapter to the village shall be subject to the subdivider's or developer's compliance with the public open space or school improvement plans as approved by the village board. (1999 Code § 10.05.06)
C. Environmental Quality:
1. Land to be dedicated for park sites shall be approved by the village according to its environmental quality, as well as its suitability for active and passive recreational activities. The land is to be dry and usable at all times and not subject to flooding or used as detention. No bogs or swamps shall be acceptable as required park sites. Lakes and native prairie wetlands shall not normally be acceptable, but may be approved by the village where the area offers an exceptional amenity or the chance to protect a significant natural resource. No site that has been part of an unlicensed landfill or a toxic waste dump shall be acceptable as required park acreage.
2. Every effort shall be made to conserve for public use and enjoyment those areas of significant natural and environmental value. Except in those specific areas designated by the village for development as play fields or other active areas, all trees, other plant materials, streams and other natural features shall be retained on land to be dedicated for park site use, unless specifically cited by the village for removal by the developer. (1999 Code § 10.05.07)
D. Improved Sites:
1. The slope, topography and geology of the site to be donated as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for public open space or school uses shall not differ greatly from surrounding land. Before donation, all sites shall be improved as required under this title, or acceptable provisions shall be made for such improvements before dedication.
2. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalk and parkway improvements will be installed before final acceptance of public improvements. (1999 Code § 10.05.08)
E. Land Conveyance By Warranty Deed: The following requirements shall be provided prior to acceptance of any land to be dedicated or donated:
1. A current survey.
2. A title insurance commitment, acceptable to the village, in an amount not less than the fair market value of the land as determined by the village.
3. A warranty deed. (1999 Code § 10.05.09)
4. A written statement from the grantor or developer stating that grantor or developer shall be responsible for paying the real estate taxes on the land until an exemption is obtained. (1999 Code § 10.05.09; amd. 2005 Code)
F. Reservation Of Additional Land: Where the comprehensive plan or the standards of the village call for a larger amount of park and recreational land or school sites in a particular subdivision or development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the village or other public entity designated by the village; provided, that such acquisition is made within one year from the date of approval of the final plat. (1999 Code § 10.05.10)
G. Combining With Adjoining Developments: Where the subdivision or development is less than forty (40) acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer. (1999 Code § 10.05.11)