11-7-3: CONTRIBUTION IN LIEU OF SITE DEDICATIONS:

   A.   Site Is Too Small Or Inappropriate: When 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 or is in conflict with the approved comprehensive plan, the village, with the concurrence of the affected district, shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication.

      1.   The cash contribution in lieu of park and recreation land dedication shall be held in trust by the village or other public body designated by the village and shall be used solely for the acquisition of park and recreation land as classified above, 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 lands that already serve such needs or for any other lawful park purpose or for any park purpose agreed to by the subdivider or developer at the time of platting.

      2.   The cash contributions in lieu of school sites shall be held in trust by the village or other public body designated by the village and shall be used solely for the acquisition of land for school sites to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site that already serves such needs, but not for the construction of school buildings or additions thereto unless agreed to otherwise by the subdivider or developer at the time of platting.

      3.   The cash contributions in lieu of library sites shall be held in trust by the village or other public body designated by the village and shall be used solely for the acquisition of land for library sites to serve the immediate or future needs of residents from that subdivision or development or for the improvement to any existing library site that already serves such needs, but not for the construction of library buildings or additions thereto unless agreed to otherwise by the subdivider or developer at the time of platting.

      4.   If any portion of a cash contribution in lieu of park and recreation land dedication, school sites, municipal sites, or library sites not expended for the purposes set forth herein within thirteen (13) years from the date of receipt, it shall be refunded to the record owner of the subdivided land at the time of the refund. If there is more than one record owner of the subdivided land or of the land that comprises the planned unit development, as applicable, such record owners shall share in the refund pro rata based on the fees originally paid by each property. (Ord. 89-04, 4-3-1989)

   B.   Fair Market Value; School, Municipal, And Library Sites: The cash contributions in lieu of land shall be based on the "fair market value" of the acres of land in the area that otherwise would have been dedicated as school, municipal, and library sites. The fair market value, on a per acre basis, shall assume, unless determined otherwise pursuant to section 11-7-8 of this chapter, that the land is zoned single-family detached residential for approximately eleven thousand (11,000) square foot lots, subdivided with appropriate frontage on a dedicated road, stubbed with village sewer and water, has all appropriate utilities available, is improved as set forth in sections 11-7-6 and 11-7-7 of this chapter, and is otherwise property capable of being used for residential development. Based upon an analysis of assessed valuations within West Dundee, it has been determined that the present "fair market value" of such improved land in and surrounding the village is, as of December 2003, one hundred fifty seven thousand five hundred dollars ($157,500.00) per acre. This figure shall be subject to a "CPI adjustment" and shall be adjusted each September by the village, multiplied by a fraction, the numerator of which is the "all items" "Consumer Price Index For Urban Consumers" (1982-1984 = 100) for Chicago, Illinois, published by the United States department of labor's bureau of labor statistics ("CPI") for the month of September preceding the year of adjustment and the denominator of which is the CPI for the month of September. If any index is calculated from a base different from the base period 1982-1984 = 100, such index shall be converted to a base period of 1982-1984 = 100 by use of a conversion factor supplied by said bureau of labor statistics. If the CPI is discontinued or replaced, such other governmental cost of living index or computation which replaces the CPI shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or replaced. The "fair market value" as defined above shall be used in calculating any cash in lieu of land contribution herein unless timely objected to as provided in section 11-7-8 of this chapter. Objections to the "fair market value" as defined above shall be made in accordance with section 11-7-8 of this chapter to the planning and zoning commission. Failure to timely object to the "fair market value" as defined above in accordance with section 11-7-8 of this chapter shall thereafter waive any right to raise an objection at a later time.

   C.   Fair Market Value; Park And Recreation Sites: The cash contributions in lieu of land shall be based on the "fair market value" of the acres of land in the area that otherwise would have been dedicated as park and recreation sites. The fair market value, on a per acre basis, shall assume, unless determined otherwise pursuant to section 11-7-8 of this chapter, that the land is readily accessible by an improved surface and adjacent to residentially zoned property. Based upon an analysis of assessed valuations within West Dundee, it has been determined that the present "fair market value" of such land in and surrounding the village is, as of December 2003, forty seven thousand nine hundred forty dollars ($47,940.00) per acre. This figure shall be adjusted by the village, multiplied by a fraction, the numerator of which is the "all items" "Consumer Price Index For Urban Consumers" (1982-1984 = 100) for Chicago, Illinois, published by the United States department of labor's bureau of labor statistics ("CPI") for the month of September preceding the year of adjustment and the denominator of which is the CPI for the month of September. If any index is calculated from a base different from the base period 1982-1984 = 100, such index shall be converted to a base period of 1982-1984 = 100 by use of a conversion factor supplied by said bureau of labor statistics. If the CPI is discontinued or replaced, such other governmental cost of living index or computation which replaces the CPI shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or replaced. The "fair market value" as defined above shall be used in calculating any cash in lieu of land contribution herein unless timely objected to as provided in section 11-7-8 of this chapter. Objections to the "fair market value" as defined above shall be made in accordance with section 11-7-8 of this chapter to the planning and zoning commission. Failure to timely object to the "fair market value" as defined above in accordance with section 11-7-8 of this chapter shall thereafter waive any right to raise an objection at a later time. (Ord. 03-43, 12-15-2003)

   D.   Criteria For Requiring Dedication And A Fee: 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. These 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 stated above, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated); or 2) a major part of the local park or school site has already been acquired by the particular district and only a small portion of land is needed from the development to complete the site (the remaining portion shall be required by dedication, and a cash contribution in lieu thereof for the rest of the required land shall be required).

   E.   Density Formula: The following table of population density 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 ULTIMATE POPULATION PER DWELLING UNIT
CHILDREN PER UNIT

Type Of Unit		Preschool 0-4 Years	Elementary Grades K-6 5-11 Years	Junior High Grades 7-8 12-13 Years	Total Grades K-8 5-13 Years	High School Grades 9-12 14-17 Years	Adults 18 Years Plus	Total Per Dwelling Unit
Detached Single-Family:
	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	0.418	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 Single-Family:
	1 bedroom	-0-	-0-	-0-	-0-	-0-	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
Apartments:
	Efficiency	-0-	-0-	-0-	-0-	-0-	1.294	1.294
	1 bedroom	-0-	-0-	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

 

Note: There are only 3 significant categories provided in this chart. Because of the similarity of yields of all types of attached single- family dwelling units, only 1 category is provided. The same is true with apartments; thus, only 1 category. Because of the relatively short history of some newer types of detached and attached single-family units, individual evaluations may be necessary.

Illinois School Consulting Service
Associated Municipal Consultants, Inc.
Naperville, Illinois

      1.   A "bedroom" as used in this chapter shall include any den, study, or extra room located on any floor in a dwelling unit which is not clearly identified for some other specific purpose such as a kitchen (1 per unit), dining room (1 per unit), living room (1 per unit), bathroom, and family room (1 per unit). In addition, any room that is not a kitchen or bathroom which is sectioned off from the remainder of the house by a door or doors is presumed to be a bedroom.

      2.   This table of estimated ultimate population per dwelling unit shall be used in calculating any cash in lieu of land contribution herein unless objected to as provided in section 11-7-8 of this chapter. Objections to the table of estimated ultimate population per dwelling unit shall be made in accordance with section 11-7-8 of this chapter to the planning and zoning commission. Failure to object to the table of estimated ultimate population per dwelling unit in accordance with section 11-7-8 of this chapter shall thereafter waive any right to raise an objection at a later time.

      3.   In the event a subdivider or developer files a written objection to the table of estimated ultimate population per dwelling unit listed above, 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 shall be made in accordance with section 11-7-8 of this chapter. (Ord. 89-04, 4-3-1989)