CHAPTER 8
DEDICATION OF PUBLIC LANDS

SECTION:

11-8-1: Dedication Prerequisite To Final Plat Approval

11-8-2: Park Land Donation Criteria

11-8-3: School Site Dedication Criteria

11-8-4: Land Dedication Or Cash Contribution Criteria

11-8-5: Cash Contribution In Lieu Of Park And School Sites Criteria

11-8-6: Density Formula

11-8-7: Reservation Of Additional Land

11-8-8: Combining With Adjoining Developments

11-8-9: Topography And Grading

11-8-10: Improved Sites

11-8-11: Time For Conveyance

11-8-1: DEDICATION PREREQUISITE TO FINAL PLAT APPROVAL:

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 will be required to dedicate land for park or recreation purposes and land for school sites, to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village, in accordance with the criteria and formula set out in this Chapter. (Ord. 91-21, 8-6-1991)

11-8-2: PARK LAND DONATION CRITERIA:

   A.   Requirement And Population Ratio: The estimated ultimate population of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be five and one-half (5.5) acres of land per one thousand (1,000) of the estimated ultimate population.

   B.   Location: A park site adjoining all elementary school sites of not less than five (5) acres shall be considered a requirement. A central location which will serve equally the entire development is most desirable. In large developments, these sites can be located throughout the development according to established standards for park area distances.

   C.   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 upon the size of the development, a portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the Village President and Board of Trustees, 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 Village President and Board of Trustees, based upon the needs of the projected residents and in conformance to the total park and recreational land for the general area. Wetlands, floodplains or retention/detention ponds generally will not be acceptable as land donations. However, the Village Board may accept land donations consisting of up to fifty percent (50%) of such areas if the Board determines the property is suitable for the intended purposes of this Chapter.

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 the subdivider or developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Village, 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 and security for any improvements. Private swimming clubs are included in this provision. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision of planned unit development and then subtract the credit to be given. (Ord. 91-21, 8-6-1991)

11-8-3: SCHOOL SITE DEDICATION CRITERIA:

   A.   Calculation Of Requirement: The estimated ultimate student population for grades K (kindergarten) through twelve (12) of the proposed subdivision shall bear directly on the amount of land required to be dedicated for school sites. The minimum requirement shall be 0.0183 acres of land per elementary student, 0.0242 acres of land per junior high student and 0.0220 acres of land per high school student in accordance with the school classification and size of school site standards in this section.

   B.   School Classification And Size Of School Site: School classification and size of school sites within the village shall be determined in accordance with the following criteria:

 

Type Of Acres Per School Site	Maximum Students Per Site	Minimum Site	Minimum Acres Per Student
Elementary	600	11	0.0183
Junior high	1,200	29	0.0242
High school	2,500	55	0.0220

 

   C.   Location: The comprehensive school plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites. (Ord. 91-21, 8-6-1991)

11-8-4: LAND DEDICATION OR CASH CONTRIBUTION CRITERIA:

In the event that the number of bedrooms is not determinable at the time of subdivision approval, it shall be assumed that all houses will be single-family detached and have four (4) bedrooms. The calculations of the land dedication required or cash contribution in lieu of land shall be made accordingly. (Ord. 91-21, 8-6-1991)

11-8-5: CASH CONTRIBUTION IN LIEU OF PARK AND SCHOOL SITES CRITERIA:

Where the development is small and the resulting site is too small to be practical, or when the available land is inappropriate for park and recreational purposes or a school site, the village shall require the subdivider or developer to pay a cash contribution, calculated as provided herein, in lieu of the land dedication required. The cash contribution in lieu of park and recreation land dedication shall be held in trust by the village, or other public body when designated by the village solely for the acquisition of park and recreation land, 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 recreation land which already serves such needs. The cash contributions in lieu of school sites shall be held in trust by the village, solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that development or for the improvement to any existing school site which already serves such needs, but not for the construction of any school buildings or additions thereto. (Ord. 91-21, 8-6-1991)

Expenditures from school site funds held in trust shall be made only with the mutual agreement of the village and the affected school district. The affected district shall furnish the village with a written notice describing the amount, purpose and time of any proposed expenditure of school site trust funds. Within one hundred twenty (120) days from receipt of said notice, the village shall advise the said school district whether or not the village is in agreement with the proposed expenditure. If any disagreement exists, the village shall designate a committee to meet with representatives of the affected school district to resolve the matter. 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 fifteen (15) years from the date of receipt, it shall be refunded to the subdivider or developer who made such contribution. (Ord. 91-21, 8-6-1991; amd. Ord. 06-16, 8-22-2006)

   A.   Value Of Land Used To Calculate Cash Contribution, Fair Market Value: The cash contribution in lieu of land shall be based on the "fair market value" of the acres of land in the area improved as specified herein, that otherwise would have been dedicated as park and recreation and school sites. It has been determined that the present "fair market value" of such improved land in and surrounding the village is one hundred twenty five thousand dollars ($125,000.00) per acre, and such figure shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such objection, the developer shall submit an appraisal showing the "fair market value" of such improved land in the area of his development or other evidence thereof, and final determination of said "fair market value" per acre of such improved land shall be made by the village president and board of trustees, based upon such information submitted by the subdivider or developer by the school district or from other sources, such as, but not limited to, appraisals sought by the village. (Ord. 02-21, 11-5-2002; amd. Ord. 06-16, 8-22-2006)

   B.   Criteria For Combining Land Dedication And Cash Contribution: 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. Those occasions will arise 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 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.

      2.   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. (Ord. 91-21, 8-6-1991)

11-8-6: DENSITY FORMULA:

   A.   Table Of Estimated Population Per Dwelling Unit: The table which follows shows the estimated ultimate population per dwelling unit and 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 acres of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer.

      TABLE OF ESTIMATED POPULATION PER DWELLING UNIT

Dwelling Type		Elementary Students	Junior High Students	High School Students	Total House- hold
Single-Family Detached:
	2 bedroom	0.127	0.045	0.043	2.340
	3 bedroom	0.455	0.137	0.106	3.308
	4 bedroom	0.705	0.299	0.252	4.134
	5 bedroom	0.809	0.479	0.460	5.084
Single-Family Attached:
	1 bedroom	0.068	0.007	0.015	1.466
	2 bedroom	0.109	0.020	0.015	2.023
	3 bedroom	0.255	0.119	0.089	2.742

 

Source: School District U46 Model Ordinance, Tesika Assoc., Inc.

   B.   Objections: In the event a subdivider or developer files a written objection to the table of estimated ultimate population listed hereinabove, 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 president and board of trustees, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the village president and board of trustees by the school 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. (Ord. 91-21, 8-6-1991)

11-8-7: RESERVATION OF ADDITIONAL LAND:

Where the official 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 planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be designated and reserved for subsequent purchase at "fair market value" or acquisition through condemnation by the village or other public body determined by the village, provided that such purchase is made or proceedings commenced to acquire the land so designated within one year from the date of approval of the final plat. (Ord. 91-21, 8-6-1991)