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)

11-8-8: COMBINING WITH ADJOINING DEVELOPMENTS:

Where the subdivision or planned unit 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 any particular developer. (Ord. 91-21, 8-6-1991)

11-8-9: TOPOGRAPHY AND GRADING:

The topography and geology of the dedicated site, as well as its surroundings, must be suitable for its intended purposes. Grading on sites dedicated shall be consistent with those purposes. (Ord. 91-21, 8-6-1991)

11-8-10: IMPROVED SITES:

All sites shall be dedicated in a condition ready for full service of electrical, gas, water, sewer, sidewalk, streets and storm drainage, where those services are included in the development and as applicable to the location of the site, and acceptable provision made therefor. (Ord. 91-21, 8-6-1991)

11-8-11: TIME FOR CONVEYANCE:

Land required to be dedicated herein shall be conveyed at or prior to the time of recording of the final plat, or within a reasonable time thereafter as permitted by the village, by warranty or trustee's deed free and clear of all liens and encumbrances, except current real estate taxes and customary general ALTA form B title company exceptions (excluding any exceptions which might preclude the use of the property for the purpose conveyed). Cash contributions in lieu of such land dedications calculated as provided herein shall be paid as a condition of final plat approval; however, the plan commission may recommend and/or the village board may provide that payment be made as the subdivided lots are sold so long as the subdivider places liens for the cash contribution due on each lot at the time of recording the final plat and establishes other guarantees sufficient to insure payment no later than the time of the initial sale of each lot. Real estate taxes not yet due at the time of such conveyance and any real estate taxes thereafter due by reason of the change of use of the property from farming or agricultural purposes under 35 Illinois Compiled Statutes 205/20 shall be paid by the developer when the same shall become due. Sufficient guarantees of the payment of such taxes shall be provided to the village as a condition of final plat approval. (Ord. 91-21, 8-6-1991)