§ 160.03  CRITERIA FOR REQUIRING A CONTRIBUTION IN LIEU OF A SCHOOL SITE.
   (A)   (1)   Where the development is small and the resulting school site is too small to be practical or when the available land is inappropriate for a school site, the county, with the recommendation of the Board of Education of the school districts affected, shall require, at the discretion of the school district, the subdivider, developer or builder, to pay a cash contribution in lieu of land dedication required. The word SMALL in this section is defined as a total number of proposed dwelling units that will produce less than the maximum number of students for one school of each school classification as set forth in § 160.02(B).
      (2)   The determination of whether available land is appropriate for a school site shall be made by the local school board. Any builder, subdivider or developer affected may request a hearing before the County Land Use and Zoning Committee or its successor on the question of whether the proposed land is appropriate as a school site. Any builder, subdivider or developer affected as well as the local school board may present evidence at the hearing and in addition, the Committee, in its discretion, may hear evidence from other interested persons.
   (B)   (1)   The cash contribution in lieu of land shall be based on the fair market value of the acres of fully improved residential land in the area after development.  The determination of fair market value shall be made as of the date of submittal for final plat approval and shall be valid for a period of 90 days. Because of the diversity of lands within the county, a single determination of fair market value is not possible.  The fair market value for any particular parcel shall be recommended by the County Supervisor of Assessments Officer after consultation with the appropriate Township Assessor.  This valuation recommended by the Supervisor of Assessments shall be used unless the affected subdivider, developer or public body files a written objection thereto with the Land Use and Zoning Committee not more than 30 days after the County Supervisor of Assessments Officer has determined the fair market value.  In the event of any objection, the subdivider, developer or public body shall submit a written appraisal showing the fair market value of the improved residential land in the area of development, and other evidence.  The Land Use and Zoning Committee shall obtain testimony regarding the fair market value and prepare a recommendation for the County Board.  Testimony by the Township Assessor may be used to support the determination of the Supervisor of Assessments or an objection thereto. Final determination of the fair market value per acre of the improved land shall be made by the County Board based on the recommendation of the Land Use and Zoning Committee from information submitted by the subdivider or developer and from other sources as submitted to the Land Use and Zoning Committee by affected parties.
      (2)   If there is any change in the fair market value as determined by the County Board after an appeal, it shall be used solely as to the land which is the subject of the objection.
(Ord. passed 7-18-1973; Ord. passed 9-11-1973; Ord. passed 9-19-1973; Ord. passed 5-25-1993; Ord. passed 1-16-1997; Ord. 16-368, passed 12-15-2016)