Loading...
2005-009ORDINANCE NO. 2005- 9 AN ORDINANCE AMENDING TITLE 19, PARK, SCHOOL AND LIBRARY DONATIONS OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village has previously found that healthful, productive community life depends in part on the availability of recreational and park space as well as adequate school and library facilities; and WHEREAS, the Village has determined that the fair market value of land in the Village dedicated as park, recreation and school sites to be greater than one hundred forty thousand six hundred fifty dollars ($140,650) per acre; and WHEREAS, the Village has found that the public interest, convenience, health, welfare and safety requires support of and financial assistance to the public library districts that serve the community; and WHEREAS, the Village has determined that new subdivisions and development in the Village generate costs to library districts serving the community that are specifically and uniquely attributed to said new development which costs include, but are not limited to, the need for additional books and audiovisual materials, computer stations, licenses for simultaneous users of databases, staff to provide patron assistance and to handle collections, capital equipment and furnishings. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Section 1. The foregoing WHEREAS clauses are hereby incorporated herein as if fully set forth hereby. Section 2. Section 19.01.030 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby added to read as follows Section 19.01.030 Criteria for Requiring a Cash Contribution for Library Services. A. The Village shall require a subdivider or developer to pay a cash contribution for use by the affected library district in order to serve the needs of the residents of that subdivision or development that are specifically and uniquely attributable to the proposed subdivision or development. B. The cash contribution required shall bear directly upon the ultimate density of a proposed development. The total population of a development shall be determined pursuant to Section 19.01.050, Density Formula. C. The amount of the library services cash contribution shall be $86.40 per person. D. The library services cash contributions shall be held in trust by the Village, or other public entity designated by the Village solely for use by the library districts. Section 3. Section 19.01.040 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows Section 19.01.040 Criteria for Requiring a Contribution in Lieu of Park and School Sites A. 1. 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 in lieu of the land dedication required. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the Village, or other public entity designated by the Village, solely for the acquisition of park and recreation land as hereinbefore classified, 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 2. The cash contributions in lieu of school sites shall be held in trust by the Village, or other public entity designated 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 subdivision or development or for the improvement to any existing school site which already serves such needs or for the improvement or use of any school site specifically and uniquely attributable to the proposed subdivision or development and also for the construction of any school building or additions thereto. B. Fair Market Value. The cash contributions 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 and seventy five thousand dollars per acre and such figure shall be used in making any calculation herein. 2 Section 4. Exhibit A, which is entitled "Table of Estimated Ultimate Population Per Dwelling Unit" and prepared by Associated Municipal Consultants, Inc. (copyright 1983), to Section 19.01.050 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby replaced by the attached Exhibit A, entitled "Table of Estimated Ultimate Population Per Dwelling Unit" prepared by Illinois School Consulting Service /Associated Municipal Consultants, Inc. (copyright 1996). Section 5. Section 19.01.130 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby added to read as follows: Section 19.01.130 Indemnity and Accounting A. Prior to distribution of any funds under this Title to a public entity, the public entity shall give to the Village a written hold harmless and indemnification, indemnifying the Village from any and all causes of action or other liability that may arise on account of the distribution or any expenditure of the funds by the Village or the public entity. B. If any portion of cash contribution in lieu of park and recreation land dedication, cash contribution in lieu of school site, or cash contribution for library districts, is not expended for the purposes set forth herein within ten years from the date of receipt, the Village Corporate Authorities shall determine if the original needs still exist. If the needs are determined not to exist, the cash contribution it shall be refunded to the developer who made such contribution. C. On an annual basis, each public entity receiving any funds under this Title shall provide an accounting to the Village Manager or designee for all expenditures made from said cash contributions. The annual accounting shall be made within sixty (60) days of the end of the calendar year. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling,'Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: February 28 , 2005. APPROVED: February 28 _ , 2005. PUBLISHED: March 1 , 2005. ATTEST: "Village Clerk FABuffalo Grove \Title 19 \(2- 5- 05).doe APPROVED: P� ���� Village President 4 Exhiibt "A" Table of Estimated Ultimate Population Per Dwelling Unit Type of Unit Pre - School Elementary Junior High Total K -8 High School. Adults Total Per Dwelling Unit Detached Single Family 2 bedroom .113 .136 .048 0.184 .02 1.7 2.017 3 bedroom .292 .369 .173 0.542 .184 1.881 2.899 4 bedroom .418 .530 .298 0.828 .36 2.158 3.764 5 bedroom .283 .345 .248 0.593 .3 2.594 3.77 Attached Single Family (townhouse, rowhouse, etc.) 1 bedroom 0 0 0 0 0 1.193 1.193 2 bedroom .064 .088 .048 0.136 .038 1.752 1.99 3 bedroom .212 .234 .058 0.292 .059 1.829 2.392 4 bedroom .323 .322 .154 0.476 .173 2.173 3.145 Apartments Efficiency 0 0 0 0 0 1.294 1.294 1 bedroom 0 .002 .001 0.003 .001 1.754 1.758 2 bedroom .047 .086 .042 0.128 .046 1.693 1.914 3 bedroom .052 1 .234 .123 0.357 .118 2.526 3.053 ASource. Illinois School Consulting Service /Associated Municipal Consultants, Inc. (9996) STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on February 28, 2005, the Corporate Authorities of the Village passed and approved Ordinance No. 2005 -9 entitled: AN ORDINANCE AMENDING TITLE 19, PARK, SCHOOL AND LIBRARY DONATIONS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2005 -9 including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing March 1, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for - public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this Isr day of March, 2005. aLa�l z r Villqge Clerk By 1■ 1 i ' •' 1 1 ", 1 DONATIONS OF 1 OF i GROVE MUNICIPAL 11 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village has previously found that healfliflil, productive community life depends in part on the availability of recreational and park space as well as adequate school and library facilities; and WHEREAS, the Village has determined that the fair market value of land in the Village dedicated as park, recreation and school sites to be greater than one hundred forty thousand six hundred fifty dollars ($140,650) per acre; and WHEREAS, the Village has found that the public interest, convenience, health, welfare and safety requires support of and financial assistance to the public library districts that serve the community; and WHEREAS, the Village has determined that new subdivisions and development in the Village generate costs to library districts serving the community that are specifically and uniquely attributed to said new development which costs include, but are not limited to, the need for additional books and audiovisual materials, computer stations, licenses for simultaneous users of databases, staff to provide patron assistance and to handle collections, capital equipment and furnishings. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Section 1. The foregoing WHEREAS clauses are hereby incorporated herein as if fully set forth hereby. Section 2. Section 19.01.030 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby added to read as follows Section 19.01.030 Criteria for Requiring a Cash Contribution for Library Services. A. The Village shall require a subdivider or developer to pay a cash contribution for use by the affected library district in order to serve the needs of the residents of that subdivision or development that are specifically and uniquely attributable to the proposed subdivision or development. B. The cash contribution required shall bear directly upon the ultimate density of a proposed development. The total population of a development shall be determined pursuant to Section 19.01.050, Density Formula. C. The amount of the library services cash contribution shall be $86.40 per person. D. The library services cash contributions shall be held in trust by the Village, or other public entity designated by the Village solely for use by the library districts. Section 3. Section 19.01.040 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows Section 19.01.040 Criteria for Requiring a Contribution in Lieu of Park and School Sites A. 1. 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 in lieu of the land dedication required. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the Village, or other public entity designated by the Village, solely for the acquisition of park and recreation land as hereinbefore classified, 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 2. The cash contributions in lieu of school sites shall be held in trust by the Village, or other public entity designated 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 subdivision or development or for the improvement to any existing school site which already serves such needs or for the improvement or use of any school site specifically and uniquely attributable to the proposed subdivision or development and also for the construction of any school building or additions thereto. B. Fair Market Value. The cash contributions 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 and seventy five thousand dollars per acre and such figure shall be used in making any calculation herein. Section 4. Exhibit A, which is entitled "Table of Estimated Ultimate Population Per Dwelling Unit" and prepared by Associated Municipal Consultants, Inc. (copyright 1983), to Section 19.01.050 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby replaced by the attached Exhibit A, entitled "Table of Estimated Ultimate Population Per Dwelling Unit" prepared by Illinois School Consulting Service /Associated Municipal Consultants, Inc. (copyright 1996). Section 5. Section 19.01.130 of Title 19, Park, School and Library Donations, of the Village of Buffalo Grove Municipal Code is hereby added to read as follows: Section 19.01.130 Indemnity and Accounting A. Prior to distribution of any funds under this Title to a public entity, the public entity shall give to the Village a written hold harmless and indemnification, indemnifying the Village from any and all causes of action or other liability that may arise on account of the distribution or any expenditure of the funds by the Village or the public entity. B. If any portion of cash contribution in lieu of park and recreation land dedication, cash contribution in lieu of school site, or cash contribution for library districts, is not expended for the purposes set forth herein within ten years from the date of receipt, the Village Corporate Authorities shall determine if the original needs still exist. If the needs are determined not to exist, the cash contribution it shall be refunded to the developer who made such contribution. C. On an annual basis, each public entity receiving any funds under this Title shall provide an accounting to the Village Manager or designee for all expenditures made from said cash contributions. The annual accounting shall be made within sixty (60) days of the end of the calendar year. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin NAPES: 0 - None ABSENT: 0 - None PASSED: February 28 , 2005. APPROVED: February 28 , 2005. PUBLISHED: March 1 , 2005. ATTEST: illage Clerk FABuffalo Grove \Title 19 \(2- 5- 05).doc APPROVED: Village President 4 Exhiibt 11A" Table of Estimated Ultimate Population Per Dwelling Unit Type of Unit Pre - School Elementary Junior High Total K -8 High School Adults Total Per Dwelling Unit Detached Single Family 2 bedroom .113 .136 .048 0.184 .02 1.7 2.017 3 bedroom .292 .369 .173 0.542 .184 1.881 2.899 4 bedroom .418 .530 .298 0.828 .36 2.158 3.764 5 bedroom .283 .345 .248 0.593 .3 2.594 3.77 Attached Single Family (townhouse, rowhouse, etc.' 1 bedroom 0 0 10 0 0 1.193 1.193 2 bedroom .064 .088 .048 0.136 .038 1.752 1.99 3 bedroom .212 .234 .058 0.292 .059 1.829 2.392 4 bedroom .323 .322 .154 0.476 .173 2.173 3.145 Apartments Efficiency 0 0 0 0 0 1.294 1.294 1 bedroom 0 .002 .001 0.003 .001 1.754 1.758 2 bedroom .047 .086 .042 0.128 .046 1.693 1.914 3 bedroom .052 .234 .123 0.357 .118 2.526 3.053 Source: Illinois School Consulting Service /Associated Municipal Consultants, Inc. (1996)