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1979-063ORDINANCE NO. 79- ( 3 AN ORDINANCE AMENDING ORDINANCE NO. 77 -72 (PARK AND SCHOOL LAND DONATIONS) WHEREAS, the President and Board of Trustees have considered the addition of the Library Districts to Ordinance No. 77 -72; and WHEREAS, the President and Board of Trustees have found that produc- tive community life depends in part on the availability of library facilities and services. 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. Ordinance No. 77 -72 is hereby repealed in its entirety and Exhibit A attached hereto entitled Ordinance No. 79-63 "An Ordinance Providing for Park, School, and Library Donations" is enacted in lieu thereof. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval according to law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 0 - None PASSED: December 17 , 1979. APPROVED: December 17 , 1979. APPROVED: V11 'rage President ATTEST: rv�� Village V erk EXHIBIT A ORDINANCE NO. 79 -63 AN ORDINANCE PROVIDING FOR PARK, SCHOOL AND LIBRARY DONATIONS WHEREAS, the Village of Buffalo Grove has experienced a rapid popula- tion increase due to annexations and the subdivision and planned unit devel- opment of vacant land; and WHEREAS, planning studies have indicated that such population growth will continue, resulting in the rapid disappearance of available land the marked increase in land values; and WHEREAS, the Village has found that healthful, productive community life depends in part on the availability of recreational and park space and adequate school and library facilities; and WHEREAS, demographic studies of the residential portions of a proposed subdivision or planned unit development can be readily and scientifically conducted to determine the number of elementary and secondary school age children and adults to be generated therefrom, and provide a method whereby dedications of land directly attributable to the activity of the subdivider - developer and the proposed subdivision or planned development may be calcu- lated; and WHEREAS, it has been found and determined that the locations of park and recreation, school sites, and adequate library facilities to serve the immed- iate and future needs of residents and children of each new subdivision or planned unit development is just as essential to proper land development as are streets, water, sewers and sidewalks, and to that end the Village has determined that the dedication of land for park and recreation and school sites or cash contributions in lieu of actual land dedication (where the latter is deemed impractical) or a combination of both and cash contribution to insure adequate library facilities should be required of each subdivider or developer of a planned unit development; and WHEREAS, it is hereby found and determined that the public interest, con- venience, health, welfare and safety requires that standards be provided in order that owners and developers are informed with respect to the policy of the Pres- ident and Board of Trustees: NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that: As a condition of approval of an annexation, a final plat of subdivision, or of a final plat of a planned unit development, each owner, subdivider or developer will be required to dedicate land for park and recreational purposes and land for school sites, to serve the immediate and future needs of the residents of the development or cash contribution in lieu of actual land dedi- cation, or a combination of both, at the option of the Village, and make a cash contribution to provide adequate library facilities, in accordance with the following criteria and formula: SECTION 1. Criteria for Park and Recreation Land Dedication A. Philosophy of Acceptance: The land or site for Park and Recreation land dedication must be suitable for the purpose for which it is intended. Land set aside by developers for parks, recreation and conservation purposes shall not be what has been left over -1- 0 • after residential, commercial, industrial, and other municipal development has been taken for prime land. B. Requirement and Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total re- quirement shall be 5.5 acres of land per 1,000 of ultimate population in accordance with the following classifications: Types of Minimum Acres per Recreation Area Size Range 1,000 people 1. Play Lot 2. School -Park (Neighborhood Playground) 3. Neighborhood Park 4. District -wide Park or Play Field Minimum 8,000 sq.ft. Not applicable Minimum Park of five 1.25 (5) acres Minimum 32 acres Minimum 4 acres up to 30 acres 5. Community -wide Minimum 12 acres Recreation Park up to 30 acres TOTAL C. Location: 1.0 1.25 2.0 5.5 acres of land per 1,000 people The Comprehensive Park and Recreation Plan and /or the "Standards by Types of Recreation and Park Areas" as adopted by the Buffalo Grove Park District shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable and whenever feasible, the site shall be in close proximity to elementary school sites. In large developments these sites can be located throughout the development according to established standards for park area distances. D. Credit for Private Open Spaces and Recreation Areas: When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the'development, a portion of the park and recre- ation area in subdivisions or planned unit developments may at the option of the Village Board be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the Village Board, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area. In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment -2- 0 0 by the developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Village Board, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be perma- nently maintained for such use by the execution of the appropriate legal documents. Private "swimming clubs" are included in this provision. A copy of "Suggested Criteria for Swimming Pool Development" as adopted by the Buffalo Grove Park District shall be used for the guidance of the developer. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given. SECTION 2. Criteria for Requiring School Site Dedication A. Philosophy of Acceptance: All Elementary, Junior High, and Senior High Schools shall be located to serve the greatest number of children possible within walking distance. Access shall be available on fully improved streets. Adjacent land use to the school site must be considered. School sites shall not serve as buffers between residential - commercial and residential - industrial use. B. Requirement and Population Ratio: The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of: (1) estimated children to be served in each such school classification over the (2) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the (3) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each school classification. C. School Classifications and Size of School Site: School classifications and size of school sites within the Village shall be determined in accordance with the following criteria: Maximum Number of Students Minimum Number School Classification for each such School Class- of acres of Land by Grades ification for each School Site of Such Classification Elementary Schools, Grades - Kindergarten thru 5th (K -5) Junior High Schools Grades 6th thru 8th (6 -8) High Schools, Grades 9thi thru 12th (9 -12) -3- 600 students 8 acres 900 students 15 acres 2300 students 40 acres 0 0 Whenever planning is done jointly with .the Park District for a school -park site, the school -owned portion shall comply with the specifications contained herein. D. Location: The Comprehensive School Plan and /or the standards adopted by the affected School District shall be used as a guideline in locating sites. Variances in land uses could, however, change the locations and /or number of sites. SECTION 3. Criteria for Requiring a Contribution to Library Districts A. Requirement: The ultimate density of a proposed development shall bear direct - ly upon the cash contribution required. The total population of a development will be determined pursuant to Section 5 - Density Formula. B. Contribution: A cash contribution equivalent to 1.8 books per - person gener- ated from a proposed subdivision or planned unit development at a cost of $12.00 per book shall be required. SECTION 4. Criteria for Requiring a Contribution in lieu of Park and School Sites A. Where the development is small and the resulting site is too small to be practical or when the available land is inapprop- riate 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 body 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. The cash contributions in lieu of school sites shall be held in trust by the Village, or other public body 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 sub- division 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 con- struction of any school building or additions thereto. 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 ten years from the date of receipt, it shall be refunded to the developer who made such contribution. -4- 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 $35,000 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 independent appraisal by an MAI appraiser 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 Board based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the Village Board by the Park District, School District or others. C. Criteria for Requiring Dedication and a Fee: There may be situations in subdivisions or planned unit develop - ments when a combination of land dedication and a contribution in lieu of land are both advisable. These occasions will arise when: (a) 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. (b) 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 com- plete the site. The remaining portions shall be re- quired by dedication, and a cash contribution in lieu thereof shall be required. SECTION 5. Densitv Formula EXHIBIT A - "Table of Population Density" is attached hereto. The "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 contribu- tions in lieu thereof unless a written objection is filed thereto by the subdivider or developer. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population listed herein, 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 -5- 9 . of the density formula to be used in such calculations shall be made by the Village Board based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the Village Board by the Park District, School District, 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 payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary. SECTION 6. Reservation of Additional Land Where the 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 re- served for subsequent purchase by the Village or other public body designated by the Village, provided that such acquisition is made within one year from the date of approval of the final plat SECTION 7. Combining with Adjoining Developments Where the subdivision or planned unit development is less than 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 useable recre- ation areas or school sites without hardship on a particular developer. SECTION 8. Topography and Gradinq_ The slope, topography, geology, grading and ground cover of the dedicated site must be suitable for its intended purposes and conform to design standards established by the Village Engineer. Grading on sites shall not differ greatly from surrounding land. SECTION 9. Improved Sites All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefore; The sidewalk and parkway improvements will be installed before final acceptance of public improvements. SECTION 10. Land Conveyance by Warranty Deed Any land to be dedicated or donated shall be conveyed by warranty deed. Prior to acceptance, a title insurance commitment in an amount of no less than $1,000 must be pro- vided. Said title insurance commitment must be acceptable to the Village. SECTION 11. Cash Contributions Cash contributions shall be made at the time building permits are issued. In the event a subdivider or developer files a written request to make payment at some time other than at the issuance of building permits, the Village Board will consult the Park District, School District, and Library District and make a final determination of a payment schedule. Alternative payment schedules shall always precede the issuance of building permits. SECTION 12. Annexation The policy of land dedications or cash contributions in lieu thereof as set forth herein shall also apply to annexations of any land to the Village and provisions therefore shall be governing all lands within the Village and shall be incorpor- ated in any pre- annexation agreement governing such land. SECTION 13. Severability If any provisions of this Ordinance, or the application there - of to any person or circumstances is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this Ordinance, which can be given affect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be severable. cFrrrnni 1A AYES: NAYES: ABSENT: PASSED: APPROVED: ATTEST: VILLAGE CLERK This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form accord- ing to law. 1979. 1979. APPROVED: VILLAGE PRESIDENT -7- TABLE OF ^ TE ESTii ^.nrED uiTli n POPULATIOIJ PcR 0,lELLIi.G U141T ISCS - 2/27179 C h i l d r e n P e r U n.i t " s ?vna of Unit Pre-School Eiementary Sunior UISh TOTAL Hioh School , - Grades K -5 Grades 6 -8 Grades K -8 Grades Years Adults tt8 - -ua }_ To& Per Unit 0 -4 Years 5 -10 Years i1 -13 Years 5 -13 Years 14 -17 ears . - Detached Single Famiiy: 2 3adro m .260 .270 .104 -.374 .189 .315 1.835 2.000 2.658 3.229 3 dedrecm .235 .436 .193 .629 .II92 .4.19 2.289 3.980 4 Bedroom .360 .581 .311 1.336. .568 2.400 4.105 • 5 Bedroom .401 .780 .556 Attached Single Family (Townhouse, Row House, Quadriplex, etc.): - 1.520 1.523 1 ;Jedro- z - .113 .015 .128 .042 1.960 2.000 2.574 3.Of. 2 aredr0:.� .444 3 ;;acrcom .468 •353 .097 .450 .168 .307 2.200 4.112 4 Bedroom .654 .699 .252 .951 Low Density Apartment (to 15 /acre): 1.000 1.000 Efficiency - _ - 1.420 1.542 ' 1 Oadrocm .070 .052 .213 - .085 .052 . 298 .098 1.780 2.000 2.491 3.107 2 E: edrecm .315 3 " acrc:.,a .472 .319 .447 .188 .2b1 2.100 3.587 4 dsd -oom .496 .55b .174 .730 - ii; gii Dsnsi1y Apartments ( 16+ /acre) 1.000 1.000 Efficiency - - _ 1.260 1.336 1 °edreom .050 L '1 10 .026, .065 _ .026 .100 .029 1'.43 2.00 1.769 2.752 cedro .2 3 Bedroom � .4�0 .150 ,080 .230 .092 � . *,Dxcept for junior and senior high yields, the recent data co!lected Copyright 1979 on t ese units did not provide ccnciusive reasons for change: Associated Municipal Consultants, Inc. ��_. i ORDINANCE NO. 79- % 3 AN ORDINANCE AMENDING ORDINANCE NO. 77 -72 (PARK AND SCHOOL LAND DONATIONS) WHEREAS, the President and Board of Trustees have considered the addition of the Library Districts to Ordinance No. 77 -72; and WHEREAS, the President and Board of Trustees have found that produc- tive community life depends in part on the availability of library facilities and services. 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. Ordinance No. 77 -72 is hereby repealed in its entirety and Exhibit A attached hereto entitled Ordinance No. 77 -72 "An Ordinance Providing for Park, School, and Library Donations" is enacted in lieu thereof. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval according to law. AYES.. 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES. 0 - None ABSENT: 0 - None PASSED: December 17 1979. APPROVED: December 17 1979. APPROVED: Vil ATTEST: �a 11 i` t� , � n,L Vi11 age 'Clerk EXHIBIT A ORDINANCE NO. 77 -72 AN ORDINANCE PROVIDING FOR PARK, SCHOOL AND LIBRARY DONATIONS WHEREAS, the Village of Buffalo Grove has experienced a rapid popula- tion increase due to annexations and the subdivision and planned unit devel- opment of vacant land; and WHEREAS, planning studies have indicated that such population growth will continue, resulting in the rapid disappearance of available land the marked increase in land values; and WHEREAS, the Village has found that healthful, productive community life depends in part on the availability of recreational and park space and adequate school and library facilities; and WHEREAS, demographic studies of the residential portions of a proposed subdivision or planned unit development can be readily and scientifically conducted to determine the number of elementary and secondary school age children and adults to be generated therefrom, and provide a method whereby dedications of land directly attributable to the activity of the subdivider developer and the proposed subdivision or planned development may be calcu- lated; and WHEREAS, it has been found and determined that the locations of park and recreation, school sites, and adequate library facilities to serve the immed- iate and future needs of residents and children of each new subdivision or planned unit development is just as essential to proper land development as are streets, water, sewers and sidewalks, and to that end the Village has determined that the dedication of land for park and recreation and school sites or cash contributions in lieu of actual land dedication (where the latter is deemed impractical) or a combination of both and cash contribution to insure adequate library facilities should be required of each subdivider or developer of a planned unit development; and WHEREAS, it is hereby found and determined that the public interest, con - venience, health, welfare and safety requires that standards be provided in order that owners and developers are informed with respect to the policy of the Pres- ident and Board of Trustees: NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that: As a condition of approval of an annexation, a final plat of subdivision, or of a final plat of a planned unit development, each owner, subdivider or developer will be required to dedicate land for park and recreational purposes and land for school sites, to serve the immediate and future needs of the residents of the development or cash contribution in lieu of actual land dedi- cation, or a combination of both, at the option of the Village, and make a cash contribution to provide adequate library facilities, in accordance with the following criteria and formula: SECTION 1. Criteria for Park and Recreation Land Dedication A. Philosophy of Acceptance: The land or site for Park and Recreation land dedication must be suitable for the purpose for which it is intended. Land set aside by developers for parks, recreation and conservation purposes shall not be what has been left over M after residential, commercial, industrial, and other municipal development has been taken for prime land. B. Requirement and Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total re- quirement shall be 5.5 acres of land per 1,000 of ultimate population in accordance with the following classifications: Types of Minimum Acres per Recreation Area Size Range 1,000 people 1. Play Lot Minimum 8,000 sq.ft. Not applicable 2. School -Park Minimum Park of five 1.25 (Neighborhood (5) acres Playground) 3. Neighborhood Minimum 32 acres 1.0 Park 4. District -wide Minimum 4 acres up 1.25 Park or Play to 30 acres Field 5. Community -wide Minimum 12 acres 2.0 Recreation Park up to 30 acres TOTAL 5.5 acres of Land per 1,000 people C. Location: The Comprehensive Park and Recreation Plan and /or the "Standards by Types of Recreation and Park Areas" as adopted by the Buffalo Grove Park District shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable and whenever feasible, the site shall be in close proximity to elementary school sites. In large .developments these sites can be located throughout the development according to established standards for park area distances. D. Credit for Private Open Spaces and Recreation Areas: When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development, a portion of the park and recre- ation area in subdivisions or planned unit developments may at the option of the Village Board be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the Village Board, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area. In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment -2- by the developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Village Board, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be perma- nently maintained for such use by the execution of the appropriate legal documents. Private "swimming clubs" are included in this provision. A copy of "Suggested Criteria for Swimming Pool Development" as adopted by the Buffalo Grove Park District shall be used for the guidance of the developer. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given. SECTION 2. Criteria for Requiring School Site Dedication A. Philosophy of Acceptance: All Elementary, Junior High, and Senior High Schools shall be located to serve the greatest number of children possible within walking distance. Access shall be available on fully improved streets. Adjacent land use to the school site must be considered. School sites shall not serve as buffers between residential - commercial and residential - industrial use. B. Requirement and Population Ratio: The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of: (1) estimated children to be served in each such school classification over the (2) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the (3) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each school classification. C. School Classifications and Size of School Site: School classifications and size of school sites within the Village shall be determined in accordance with the following criteria: Maximum Number of Students Minimum Number School Classification for each such School Class- of acres of Land by Grades ification for each School Site of Such Classification Elementary Schools, 600 students 8 acres Grades - Kindergarten thru 5th (K -5) Junior High Schools 900 students 15 acres Grades 6th thru 8th (6 -8) High Schools, Grades 9th 2300 students 40 acres thru 12th (9 -12) -3- Whenever planning is done jointly with the Park District for a school -park site,.the school -owned portion shall comply with the specifications contained herein. D. Location: The Comprehensive School Plan and /or the standards adopted by the affected School District shall be used as a guideline in locating sites. Variances in land uses could, however, change the locations and /or number of sites. SECTION 3. Criteria for Requiring a Contribution to Library Districts A. Requirement: The ultimate density of a proposed development shall bear direct- ly upon the cash contribution required. The total population of a development will be determined pursuant to Section 5 - Density Formula. B. Contribution: A cash contribution equivalent to 1.8 books per person gener- ated from a proposed subdivision or planned unit development at a cost of $12.00 per book shall be required. SECTION 4. Criteria for Requiring a Contribution in lieu of Park and School Sites A. _Where the development is small and the resulting site is too small to be practical or when the available land is inapprop- riate 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 body 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. The cash contributions in lieu of school sites shall be held in trust by the Village, or other public body 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 sub- division 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 con- struction of any school building or additions thereto. 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 ten years from the date of receipt, it shall be refunded to the developer who made such contribution. -4- 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 $35,000 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 independent appraisal by an MAI appraiser 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 Board based. upon such information submitted by the subdivider or developer and from other sources which may be submitted to the Village Board by the Park District, School District or others. C. Criteria for Requiring Dedication and a Fee: There may be situations in subdivisions or planned unit develop - ments when a combination of land dedication and a contribution in lieu of land are both advisable. These occasions will arise when: (a) Only a portion of the land to be developed is proposed as the location for 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. (b) 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 com- plete the site. The remaining portions shall be re- quired by dedication, and a cash contribution in lieu thereof shall be required.. SECTION 5. Density Formula EXHIBIT A - "Table of Population Density" is attached hereto. The "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 contribu- tions in lieu thereof unless a written objection is filed thereto by the subdivider or developer. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population listed herein, 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 -5- of the density formula to be used in such calculations shall be made by the Village Board based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the Village Board by the Park District, School District, 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 payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary. SECTION 6. Reservation of Additional Land Where the 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 re- served for subsequent purchase by the Village or other public body designated by the Village, provided that such acquisition is made within one year from the date of approval of the final plat SECTION 7. Combining with Adjoining Developments Where the subdivision or planned unit development is less than 40 acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications . from adjoinng developments in order to produce useable recre- ation areas or school sites without hardship on a particular developer. SECTION 8. Topography and Grading The slope, topography, geology, grading and ground cover of the dedicated site must be suitable for its intended purposes and conform to design standards established by the-Village Engineer. Grading on sites shall not differ greatly from surrounding land. SECTION 9. Improved Sites All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefore. The sidewalk and parkway improvements will be installed before final acceptance of public improvements. SECTION 10. Land Conveyance by Warranty Deed Any land to be dedicated or donated shall be conveyed by warranty deed. Prior to acceptance, a title insurance commitment in an amount of no less than $1,000 must be pro- vided. Said title insurance commitment must be acceptable to the Village. SECTION 11. Cash Contributions Cash contributions shall be made at the time building permits are issued. In the event a subdivider or developer files a written request to make payment at some time other than at the -6- issuance of building permits, the Village Board will consult the Park District, School District, and Library District and make a final determination of a payment schedule. Alternative payment schedules shall always precede the issuance of building permits. SECTION 12. Annexation The policy of land dedications or cash contributions in lieu thereof as set forth herein shall also apply to annexations of any land to the Village and provisions therefore shall be governing all lands within the Village and shall be incorpor- ated in any pre - annexation agreement governing such land. SECTION 13. Severability If any provisions of this Ordinance, or the application there- of to any person or circumstances is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this Ordinance, which can be given affect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be severable. SECTION 14. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form accord- ing to law. AYES: NAYES: ABSENT: PASSED: 1979. APPROVED: 1979. ATTEST: VILLAGE CLERK APPROVED: VILLAGE PRESIDENT -7- 7 Y � n t ISCS - 2127179 TABLE OF ESTHPATED ULT11 "ATE POPULATION PER MIELLING UNIT • 2.658 Children Per Un.1t 2.289 3.930 Tvne of Unit Pre-Sc^ool EleT.entary Junior High TOTAL hich School 2.000 3.Ov'V, Grades K -5 Grades 6 -8 Grades K -8 Grades 9 -12 0-4 Years 5 -10 Years 11 -1s 3 Year =. Years 14 -17 Years Detached Single Family: 2 aadrocn .260 .270 .104• •.374 .189 .315 . _ 3 �,adrecn .285 .436 .193 .629 .892 .4.19 4 c�roo^t .300 .581 .311 .556 1.336, .568 5 Bedroom .401 .780 Attached Single Family (Townhouse, Row House, Quadriplex, etc.): 2 8e;:rxm .444 .113 .015 .128 .042 .1b8 3 Eadreo^� .458 353 .097 ,450 .951 .307 4 �acr --Om .654 .699.' .252 Loy; lensi ty Apartment (to 15 /acre): Efficiency 1 °drec s - .070 .052 - - .052 - 2 8adreca .315 .213 .085 .298 .447 .098 .188 3 x�'c:,rt 4 ied:'oo •472 .496 .319 .556 .128 .174 .730 .261 *X i yth Density Apartments (16+ /acre) : Efficiency i °sdroom .050 .026' - .026 _ 2 Eacrocn .210 ..065 .035 .100 .230 .029 .092 3 8edrov .4 0 . ll .080 *ZiXcept for junior and ser0or high yields, the recant data Coflacted on taese units-did not provide conclusive reasons for-change. 7 Y � n t 1.000 1.420 1.780 2.000 2.100 1.000 1.260 1'.43 2.00 Copyright 1979 Associated i•luni C 1.000 1.542 2.491 3.107 3.587 1.000 1.336 1.769 2.752 cipal Consultants, Inc. ISCS - 2127179 Adults Total Per 18 - -u +n'•t 1.835 2.658 2.000 3.229 2.289 3.930 2.400 4.735 '..520 1:520 1.960 2.574 2.000 3.Ov'V, 2.200 4.112 1.000 1.420 1.780 2.000 2.100 1.000 1.260 1'.43 2.00 Copyright 1979 Associated i•luni C 1.000 1.542 2.491 3.107 3.587 1.000 1.336 1.769 2.752 cipal Consultants, Inc.