As a condition of approval of final plat of subdivision, or of a final plat of a planned unit development, or of an application for permit for mobile home park, each subdivider, developer or builder of a residential subdivision, planned unit development or mobile home park located in a library district and in the unincorporated area of the county shall be required to dedicate land or make a cash contribution in lieu of actual land dedication to serve the immediate and future needs of the residents of the development.
(A) Amount of land required. It has been determined that one acre per 10,000 of population is needed to provide a comfortable and relaxed atmosphere for a library. The acreage of land dedication requirement was established by multiplying the population by minimum space requirements contained in Exhibit C (which is hereby incorporated by reference as if fully set forth herein), plus required parking spaces, plus land for landscaping, walkways and setbacks.
(B) Density formula. The table of population density as amended by the State School Consulting Service is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the required dedication of acres of land unless a written objection is filed with the Land Use and Zoning Committee of the County Board by the subdivider or developer. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population, he or she shall submit his or her own demographic study showing the estimated additional population to be generated from the subdivision or development. In that event, final determination of the density formula to be used in the calculations shall be made by the Land Use and Zoning Committee of the County Board based upon the demographic information submitted to the Committee by the library districts 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 payments of fees in lieu thereof, as stated herein, is subject to periodic review and amendment, as appropriate.
(C) Formula used for cash contribution. The library district may determine that cash contribution is more practical than a land donation whenever the amount of land to be donated is not large enough for a complete library site. The cash contribution shall be equal to the nonresident fees for dwelling units of individual library districts in the county in accordance with the state library formula for nonresident fees.
(1) The library districts of the county shall annually review and adjust their nonresident fees. Each district shall calculate its fees in accordance with the state library formula for nonresident fees. Each district will submit figures to the County Land Use Department by December of each year (see Exhibits A and B which are hereby incorporated by reference as if fully set forth herein). At the time of adoption of this section, the fees shall be as shown in Exhibit B.
(2) In the event a subdivider or developer files a written objection to the nonresident fee as established by the library district and accepted by the county in lieu of contribution, he or she shall submit his or her own demographic date showing the proper nonresident fee. In that event, final determination of the proper in lieu of fee shall be made by the Land Use and Zoning Committee of the County Board based upon a comparison of the information submitted by the developer/subdivider and the information submitted by the library district 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, as appropriate.
(D) Criteria for requiring land dedication and a fee. There will be situations in subdivisions, planned unit developments or mobile home parks when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions may arise when:
(1) Only a portion of the land to be developed is proposed as the location for a library site. That portion of the land within the subdivision, planned unit development or mobile home park falling within the library location shall be dedicated as a site, and a cash contribution in lieu thereof shall be required of any additional land that would have been required to be dedicated; and
(2) A major part of the library 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 also be required.
(E) Time of conveyance or payment.
(1) At the time of the approval of the final subdivision plat, final planned unit development or conditional use permit for a mobile home park, the subdivider, developer or builder must dedicate land as required or make a cash contribution in lieu of actual land dedication. All payment shall be made by certified check or other draft.
(2) Payments shall be made directly to the respective library districts wherein the development subdivision or building is located, and evidence of the payment shall be made at the time of application for each building permit.
(F) Collection of moneys. The county shall have the right to delegate the responsibility for collecting moneys due under this section to other public bodies designated by the county.
(G) Indemnification agreement. As a condition precedent to the receipt of any funds by a library district, the district shall execute and deliver to the county an indemnification agreement with states:
(1) The library district covenants and agrees to reimburse the county in the event the county shall be required to refund any funds collected by this section; and
(2) The library district shall pay all legal expenses incurred by the county in the event the legality of this section is litigated.
(1980 Code, § 159.01) (Res. 90-92, adopted 5-17-1990)