Loading...
1981-047ORDINANCE NO. 81 - 47 AN ORDINANCE ADDING TITLE 19, PARK, SCHOOL AND LIBRARY DONATIONS TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village of Buffalo Grove has experienced a rapid popula- tion increase due to annexations and the subdivision and planned unit develop- ment 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 calculated; and WHEREAS, it has been found and determined that the locations of park and recreation, school sites, and adequate library facilities to serve the immediate 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 President 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: SECTION 1. There is hereby added to the Buffalo Grove Municipal Code Title 19 Park, School, and Library Donations. SECTION 2. Said Title 19 shall be as recited in Exh.ibi.t A which is attached hereto and made a part hereof. SECTION 3. Ordinance 79 -63 is hereby repealed in its entirety.. SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form. AYES: 4 - O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None ABSENT: 2 - Marienthal, Stone PASSED: August 17 1981 APPROVED: August 17 ' 1981. PUBLISHED: August 19 1981 ATTEST: Village Clerk ro Tem APPROVED: -2- Village President • 1 1 1 0 ' ' 0 TITLE 19 PARK, SCHOOL, AND LIBRARY DONATIONS 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 a`ter 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 requirement shall be 10 acres of active and passive land per 1,000 of ultimate population with 5.5 acres of land per 1,000 of ultimate population dedi;catedto active use in accordance with the following classification: Active areas shall be defined as those areas specifically adapted and planned for a wide range of physical activity such as group games, physical education, sports, and athletics. Facilities usually include, but are not limited to, playfields, game courts, rinks, ball diamonds, pools, tennis courts, community centers, and play apparatus. Passive areas shall be defined as settings designed for informal un- scheduled activity based on individual, family, or group interests such as picnicing, nature lore, horticultural displays, hiking and biking, historical programs, and camping. Facilities may include, but not be.limited to, landscape displays, rest pavilions, pre - school tot lots, vest pocket parks for senior citizens, woodland trails, outdoor education centers, botanical gardens, hobby areas for model planes, and kite flying. Provided, however, that passive credit may be given for water management areas if said areas are deemed suitable for passive recreational use at the sole discretion of the Village Board. 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 312 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 Active areas shall be defined as those areas specifically adapted and planned for a wide range of physical activity such as group games, physical education, sports, and athletics. Facilities usually include, but are not limited to, playfields, game courts, rinks, ball diamonds, pools, tennis courts, community centers, and play apparatus. Passive areas shall be defined as settings designed for informal un- scheduled activity based on individual, family, or group interests such as picnicing, nature lore, horticultural displays, hiking and biking, historical programs, and camping. Facilities may include, but not be.limited to, landscape displays, rest pavilions, pre - school tot lots, vest pocket parks for senior citizens, woodland trails, outdoor education centers, botanical gardens, hobby areas for model planes, and kite flying. Provided, however, that passive credit may be given for water management areas if said areas are deemed suitable for passive recreational use at the sole discretion of the Village Board. e • 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 l;arge 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 recreation area in subdivisions or planned unit develop- ments 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 by the developer as part of hi:s 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 sub - divider or developer must guarantee that these private recreation areas will be permanently 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 th.e.guidance of the developer. When an adjustment for private recreati=on areas is warranted, it will be necessary to compute the tot=al park land dedication that would have been required from the subdivision.or p.lanne.d unit development and then subtract the credit to be given. 19.01.020 Criteria for Re ui.rin' School Site 'Dedicati.on A. Philosophy of Acceptance: All Elementary, Junior H-igh_, and Senior High Schools shall be located to serve the- greatest.numb.er of children possible within walking distance.. Access shall be available on fully improved streets. Adjacent land use to the school site must be consi.dered., 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 subdi:vi.sion or planned unit development shall bear directly-upon the amount of land requi=red to be dedicated for school sites. -2- 0 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: Minimum Number of acres of Land Maximum Number of Students for each School School Classification for each such School Class- Site of Such by Grades ification Classification Elementary Schools, 600 students 8 acres Grades - Kindergarten thru 5th (K -5) Junior High Schools 900 students 1'S acres Grades 6th thru 8th (6 -8) High Schools, Grades 9th 2300 students 40 acres thru 12th (9 -12) 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 i.n land uses could, however, change the locations and /or number of sites. 19.01.030 Criteria for Requiring a Contributi -on to Library Districts A. Requirement: The ultimate density of a proposed development shall bear directly 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 generated.from a proposed subdivision or planned unit . development of a cost of $12.00 per book shall be required. 19.01.040 Criteria for Requiring a Contribution in lieu of Park -and School S i tes A. Where the development is small and the resulting site i.s too small to be practical or when the available land is inapprop riate for park and recreational purposes or a school site, the -3- Village shall require the subdivided 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 acquisi- tion 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 entity designated by the Village solely for use i.n 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. 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. Prior to distribution of any funds under this Title to a public entity, said public entity shall give to the Village a hold harmless and indemnification;-,indemnifing the Village from any and all causes of action or other liability that may arise on account of said distribution or an expenditure of said funds by the said public entity, 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. C. Criteria for Requiring Dedication and a Fee: There may be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both advisable. These occasions will arise when: -4- r (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 complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. 19.01.050 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 demograph.i:c study showing the estimated additional population to be generated from the subdivision or planned unit development and in that event final determination of the denisty 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 Distri'ct,.Library Districts or others.. It is recognized that population density, age distrib -ution 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 i.f necessary. 19.01.060 Reservation of Additi_onal'Land Where the comprehensive plan for the-standards of the Village call for a larger amount of park and recreational land or school si.tes in a particular subdiv.is:Son.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 entity designated by the Village, provided that such acquisition is made within one year from the date of approval of the final plat. 19-01 .070 Combining with Ad�,j6inin9- Developm6nts Where th.e 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 recrea- tion areas or school sites without hardship on a particular developer. -5- • 1 1:1 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. 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. 19.01.100 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, 19.01.110 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 permi is . 19.01.120 Annexation The policy of land dedicati=ons or cash contributions in li.eu thereof as set forth here -in 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 incorporated in any pre - annexation agreement governing such land. 19,01,130 Seyerabili :ty If any provi.si..ons of Title 19, or the applicati=on thereof to any person or circumstances is declared invalid by a court of competent jurisdicti=on, such partial invalidity shall not affect other provisions or . applications of Title 19 which can be given affect without the invalid provision or application thereof, and to this extent the provisions of Title 19 are declared to be severable. TriBLE OF ESTIi- '.ATEU ULrr'.ATE POPULATION PER 1YrlELL1RG U1:17 C h i l d r e n P e r U n.1 t � � Junior Ni h TO7r.L High School �v -a of Unit Pre- 5c'�ool IeLmeniary 9 Adults Totat Per Grades K -5 Grades ages 6 -II Graces K -8 Years Grades -12 14'1 7 Years 8 - -�) �---- - Unit • � -4 Years 5 -10 Years i Years 11-13 _.---- ---- -. Detached Single Family: ' 1.835 2.658 2 �adra .260 .270 .104 •.374 .629 .189 .315 2.000 2.289 3.229 3.930 3 3edroom' •285 .4:6 . .193 .311 .�92 .419 . 2.400 4.705 4 3e -droom .73 7130 .556 1.336• .568 5 Pedrocm .401 ..300 Attached Single Family (Townhouse, Raw House, Quadriplex, etc.): ±,520 1.520 44 .015 .128 - .042 1.960 2.030 2.574 3.0&S Ee�rctim .4 4 44 .113 .353 .097 .450 i .307 2.200 4.112 3 :;a rca^� .6cg. .252 .95 4 3eCrOoM .654 Low Density Apartment (to 15 /acre): 1.000 1.000 - _ 1.420 1.542 ' ��- - c.f.cienc• 1 3adrocci .070 .052 - .052 .293 - .098 1.780 2.000 2.491 3. i07 2 :cd G .315 •213 .085 .128 .447 .188 2.100 3.587 .472 •319 .174 .730 .261 4 Be.droo .496 .55b 'rriiyh G;nsity Apartments (16+/acre); 1.000 1.000 - - 1.260 1.336 :zf' - iciency 1 °a�rco� .050 .026. - .026 .100 _ .029 1'.43 1.769 2.72 L ccCrG:'1 .210 .065 .035 •230 .092 2.00 3 oedroo .4J �,�or 2nd senior high for juni yields, the recort data collected •• Copyright 1973 Municipal Consultants, Inc. cx_apt ttsesa units-did not provide conclusive reasons for Change: Associated on } In VILLAGE OF BUFFALO GROVE ORDINANCE NO. _& ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS _/.7'� DAY OF 1 g, Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this -2Zt7t day of fi 19 . Village Clerk ORDINANCE NO. 81 - 47 AN ORDINANCE ADDING TITLE 19, PARK, SCHOOL AND LIBRARY DONATIONS TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village of Buffalo Grove has experienced a rapid popula- tion increase due to annexations and the subdivision and planned unit develop- ment 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 acid 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 calculated; and WHEREAS, it has been found and determined that the locations of park and recreation, school sites, and adequate library facilities to serve the immediate 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 President 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: SECTION 1. There is hereby added to the Buffalo Grove Municipal Code Title 19 Park, School, and Library Donations. SECTION 2. Said Title 19 shall be as recited in Exhibit A which is attached hereto and made a part hereof. SECTION 3. Ordinance 79-63 is hereby repealed in its entirety.. SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form. AYES: 4 - O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None ABSENT: 2 - Marienthal, Stone PASSED: August 17 1981. APPROVED: August 17 1981. PUBLISHED: August 19 1981. APPROVED: Village President ATTEST: Village Clerk ro Tem _n TITLE 19 PARK, SCHOOL, AND LIBRARY DONATIONS 19.01.010 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 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 requirement shall be 10 acres of active and passive land per 1,000 of ultimate population with 5.5 acres of land per 1,000 of ultimate population dedicated to active use in accordance with the following classification: Active areas shall be defined as those areas specifically adapted and planned for a wide range of physical activity such as group games, physical education, sports, and athletics. Facilities usually include, but are not limited to, playfields, game courts, rinks, ball diamonds, pools, tennis courts, community centers, and play apparatus. Passive areas shall be defined as settings designed for informal un- scheduled activity based on individual, family, or group interests such as picnicing, nature lore, horticultural displays, hiking and biking, historical programs, and camping. Facilities may include, but not be limited to, landscape displays, rest pavilions, pre- school tot lots, vest pocket parks for senior citizens, woodland trails, outdoor education centers, botanical gardens, hobby areas for model planes, and kite flying. Provided, however, that passive credit may be given for water management areas if said areas are deemed suitable for passive recreational use at the sole discretion of the Village Board. 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 31 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 Active areas shall be defined as those areas specifically adapted and planned for a wide range of physical activity such as group games, physical education, sports, and athletics. Facilities usually include, but are not limited to, playfields, game courts, rinks, ball diamonds, pools, tennis courts, community centers, and play apparatus. Passive areas shall be defined as settings designed for informal un- scheduled activity based on individual, family, or group interests such as picnicing, nature lore, horticultural displays, hiking and biking, historical programs, and camping. Facilities may include, but not be limited to, landscape displays, rest pavilions, pre- school tot lots, vest pocket parks for senior citizens, woodland trails, outdoor education centers, botanical gardens, hobby areas for model planes, and kite flying. Provided, however, that passive credit may be given for water management areas if said areas are deemed suitable for passive recreational use at the sole discretion of the Village Board. 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 Dlstrict 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 recreation area in subdivisions or planned unit develop- ments 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 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 sub - divider or developer must guarantee that these private recreation areas will be permanently 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 th-e subdivision.or planned unit development and then subtract the credit to be given. 19.01.020 Criteria for Requiring School Site Dedication A. Philosophy of Acceptance: All Elementary, Junior H.igh_, and Senior High Schools shall be located to serve the greatest.numb.er 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.. -2- 1 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 wi.thin the Village shall be determined in accordance wi.th the following criteria: Minimum Number of acres of Land Maximum Number of Students for each School School Classification for each such School Class- Site of Such .by Grades ification 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) 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. 19.01.030 Criteria for Requiring a Contribution to Library Districts A. Requirement: The ultimate density of a proposed development shall bear directly 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 generated from a proposed subdivision or planned unit development at a cost of $12.00 per book shall be required. 19.01.040 Criteria for Requiring a Contribution "in lieU'of Park-and 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 -3- Village shall require the subdivided 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 acquisi- tion 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 al.ready serves such needs. The cash contributions in lieu of school sites shall be in trust by the Village, or other public entity designated by the Village solely for use i:n 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. 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. Prior to distribution of any funds under this Title to a public entity, said public entity shall give to the Village a hold harmless and indemnification, indemnifing the Village from any and all causes of action or other liability that may arise on account of said distribution or an expenditure of said funds by the said public entity. 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. C. Criteria for Requiring Dedication and a Fee: There may be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both advisable. These occasions will arise when: -4- (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 complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. 19.01.050 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 of the denisty 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 i:f necessary. 19.01.060 Reservation of Additional'Land Where the comprehensive plan for 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 entity designated by the Village, provided that such acquisition is made within one year from the date of approval of the final plat. - 19.01.070 Combining with Adjoining Developments. Where the subdi.vision 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 recrea- tion areas or school sites without hardship on a particular developer. -5- L 19.01.080 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. 19.01.090 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. 19.01.100 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. 19.01.110 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. 19.01.120 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 incorporated in any pre - annexation agreement governing such land. 19.01.130 Severability If any provi.si.ons of Title 19, or the application thereof 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 Title 19 which can be given affect without the invalid provision or application thereof, and to this extent the provisions of Title 19 are declared to be severable. -6- • TA3LE GF ES71i :ATE�J ULTIi ATE E'0!'ULATIot4 PER DIEL L1N G UNIT Ch1 ldran P.er 13.•1.1t' Tv7e of L'rit Pre- School ' EleTenia_ry Juricr NiGh TOT;L High Schooi Grades K -5 Grades 6 -II Grades K -8 Grades 9 -12 ' Year Adults 8 - -u Total Per _S'r'i 0 -4 Years 5 -10 Years •L1- 13_-__ Yars :. Ms to -1? Detached Single Family: . 1.835 2.6:8 2 :.drxn .260 .270 .104• .629 .139 .189 2.000 3.229 3.980 3 3adrec�' .2315 .4: 6 . .521 .193 .311 •392 . 4.19 2.289 2.400 4.705 4 Bedroom .350 .780 .55b 1.336, .568 : 5 i;edrecm .401 . Attached Single Family (Townhouse, Row !'.Ouse, QuadrIPIOX, etc.): - '..520 T:520 .113 .015 .128 .042 1.960 2.030 2.574 3.08': 2 i:6Crc;. -� .444 3 ;!a=com .4b8 .353 .097 .450 .168 .307 2.200 4.172 4 8edroo^l •654 .699 .252 .95T Low Density Apartment (to 15 1acre): 1.000 S.G00 Efficiency - '• .052 _ .052 - 1.420 1.780 T.:42 ' 2.491 . 1 3edroc� .070 2 i:�dre M .315 .213 .085 .098 .G98 .T88 2.000 3.737 Za-dre .1 •.472 .319 .128 .447 .730 .261 2.100 3.5 67 4 o.dreo:; .496 .556 .174 "'rii yh G ns ity Apartments (16+/acre): ., 1.000 1. 000 ==fic;ency - - .026' _ .. .02b -. 1.260 1'.a3 • 1.336 1.769 1. °aCrc.^,� .053 2 cecrc -� .210 .365 .035 .029 .092 2.00 2.752 3.430 aedio:n. IV. 410 ../ .ObO .• .. *cxcaa•: for ,junior and senior high yields, the retort data col fatted• reasons.for•changa: Copyright 1979 Associated ilunieipal Consultants, Inc. an esa units not provide conclusive (A •'(