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Ordinance 1996-03 January 26, 1996 1996- ORDNANCE 2JW ORDINANCE REVISING UNITED CITY OF THE VILLAGE OF YORKVILLE LAND CASH ORDINANCE THE UNITED CITY OF THE VILLAGE OF YORKVILLE having studied the current Land-Cash formulas asset forth in its Land Cash Contribution Ordinance passed previously on the e C4 day of 19 ,o; and the City Council and the ;vlayor of the United City of the Village of Yorkville pursuant to joint discussions and investigation of said formulas by the Kendall-Grundy Re;iontil,School Superintentlei:t's Office and the City deeming there to have been substantial increase in the cost of acquisition of land and building of structures to serve the needs of the School Districts affected; and the City Council and the Mayor of the United City of the Village of Yorkville deeming it to be in the best interest of the City and the affected School Districts and in the best interest of the citizens of the United City of the Village of Yorkville to provide adequate financing for the acquisition of school sites and the construction of schools, does hereby enact an amendment to the existing Land- Cash Ordinance of the United City of the Village of Yorkville, passed on the a'$ day of 19_ �6 as follows: UPON MOTION DULY MADE, seconded and approved, the preexisting Land-Cash Ordinance formula is hereby modified as follows and shall apply to all subrlirisions where the final plat of Subtlivision is approved by mote of the City Council. 1 SECTION I DEDICATION OF PARE' LANDS AND SCHOOL SITES OR PAYMENTS IN LIEU THEREOF As a condition of approval of a final plat of subdivision or planned unit development, each subdivider or planned unit developer will be required to dedicate land or cash in lieu of actual land or a combination of both in accordance with the following criteria: A. Criteria for Park and Recreation Land Dedication. 1. Location A comprehensive Recreation Department plan and/or appropriate standards adopted by affected Recreation Departments shall be used as a guideline in locating sites all lands so credited shall be aboi,e the 100 year design flood levels , and must meet the requirements of the Recreation Board Specifically identified and approi,ed wetland or natural areas located below the I00yearflood level may be credited in whole or in part, subsequent to Recreation Board rerieiv, and consent by the City Council. Other areas such as Storm Water Control Facilities may be taken by the City but will not be used to satisfy the requirements herein. 2. Requirement and population Ratio The ultimate population density to be generated by a subdivision or planned unit ' development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times 10 acres per 1,000 populations. Total population is determined by applying the estimated ultimate population per dwelling unit table (Table 1) to the number of respective units in the development. For purposes of this requirement each single family home will have four bedrooms. Each duplex unit will be calculated as 50% tiivo-bedroom units and 50.10 three bedroom units Each townhome and apartment)'Pill be calculated with two bedrooms. 2 Example: Development of 300 total populations Total population X the required acreage=Total acres required for 1,000 populations 300 X 10 acres = 3 acres 1,000 B. Criteria for Requiring School Site Dedication 1. 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: (a) estimated children to be served in each school classification (this number is determined by applying the estimated ultimate population per dwelling unit table(Table 1) to the number of respective units in the development) over the (b)miximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the (c) said minimum recommended number of acres for a school site of each such 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 such school classification. For this computation, density calculations shall be the same as A2 above. a ' 2. School Classification and Size of School Sig.: School classification and size of school sites within the City shall be determined in accordance with the following criteria that is consistent with the minimum site recommendations of the Illinois State Board of Education (variances of grade organization and size are subject to local Board of Education District policy): estimated children by school classification x actual acreage by land donation actual school population school classification by school classification Classification by Grades County Average Students County Average Acreage per school classification per school classification Elementary 321.50 students 7.25 acres IvEddle 429.SS students 15.92 acres High School 590.0 students 49.30 acres (Regional means are calculated to determine current student populations and acreages) (See tables I & 2) Elementary: 100 x 1.075* x 7.25 — 2.4309 acres 321.50 *Add preschool to elementary totals. Middle: 100 X .190 x . 15.92 = .7036 acres 429.88 4 High School: 100 x .340 x 49.30 = 2.8410 acres 590 Total acreage = 5.9755 C. Criteria for Requiring a Cash Contribution in Lieu of Park and School Sites 1. When available land is inappropriate for park, recreational, or school sites, the City shall require a cash contribution in lieu of the land dedication by the subdivider or unit developer. 2. Collection of Fees a. The cash contribution in lieu of park and recreation land dedication shall be held in trust by the City or other public body designated by the City, for the acquisition of park or recreational land as herein classified, which will be available to serve the immediate and future needs of the residents of that subdivision or development, or for the improvement of other existing local park and recreation lands which already serves such needs. b. The contributions in lieu of school sites shall be paid directly to the School District who will in turn issue a receipt that must be presented to the City prior to approval of the final plat. Said funds shall be used for 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 or buildings which already serve or will serve such need. The City shall require a current supporting resolution enacted by the Board of Education Appendix F Herein, and shall require a report of fees collected by the School District on or about January 1 of each year. The City reserves the right to collect said funds if necessary. 5 C. The total cash contribution to be required shall be determined at the time the final plat is approved. Prior to execution of the final plat by the appropriate City Officials, the developer or subdivider shall pay the total required cash contribution as follows: a. One third (1/3) of the amount calculated for the entire plat calculated or the unit of land being final platted is to be paid to either the City of Yorkville for Park Cash Contributions or to the School District for School Cash Contributions along with a Letter of Credit to the appropriate agency assuring payments as specified from an approved financial institution in the amount equal to two thirds (2/3) of said entire amount, prior to the final plat being executed by the City. The letter of credit is hereinabove provided shall expressly provide it may be drawn against by the City or by the School District at any time the developer or subdivider fails to make the payments. b. One third (1/3)of said amount for the entire final plat shall be paid upon issuance of thefirst occupancy permit or one year after the final plat is recorded, whichever occurs first. The Letter of Credit will be reduced to an amount equal to one third (1/3) of said entire amount after said second payment. c. The final amount due as calculated per the ordinance for the entire final plat shall be paid prior to the acceptance in full or in part of the Public Improvements or two years after the final plat is recorded, whichever occurs first. The Letter of Credit will be returned after said payment. 3. Refund If any portion of a cash contribution in lieu of park, recreation, or school sites is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded to the lot owner or owners of these lots for which the contribution was made which owner or owners are determined at the time the date of refund is established. 6 4. Criteria for requiring Land Dedication and a Fee There will be situations.in subdivisions or planned unit developments when a combination of land-dedication and a contribution in lieu of land are both necessary; 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 stated earlier, 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, recreation, 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. �. 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 that otherwise would have been dedicated as park. recreation, or school sites. Because of the diversity of lands within the City, a single determination of"fair market value" is not possible. The "fair market value" for any particular parcel shall be determined by the Supervisor of.assessment Office of Kendall County prior to plat approval. This valuation determined by the Supervisor of Assessments shall be used unless any subdivider, developer, or public body files a written objection thereto. In the event of any such objection, the subdivider, developer, or public body shall submit an appraisal showing the "fair market value" of such improved land in the area of development of other evident. Final determination of said "fair market value" per acre of such improved land shalt be made by the City Council based on such information submitted by the subdivider or developer and from other sources as may be submitted to the City Council be affected parties. D. Time of Conveyance of payment 1. The subdivider or developer shall convey to the respective school district and the City, the lands required under this agreement within thirty(30) days after final subdivision plat or final plat of a planned unit development is recorded in the Kendall County Recorder's Office. 2. A subdivider or developer shall make each cash contribution required under this Ordinance. As noted in C2c above. E. Density The attached table, marked as Table No. 1, being the same as Estimated Ultimate Population per Dwelling Unit, 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 contributions in lieu thereof unless a written. 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 Per Dwelling Unit, attached hereto, 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 density formula to be used in such calculations shall be made by the City Council, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. It is recognized that population density;age distributions 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. s F. Reservation of Additional Land Where the School District's or Recreation Department's's comprehensive plan or stands of the City Council 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 reserved for subsequent purchases by the City or other public body designated by the City, provided that such acquisition is made within one year from the date of approval of the final plat at a cost per acre as established in item CS above. G. Topography and Grading The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading, topsoiling, and landscaping on sites dedicated for park and recreational uses will be performed according to plans and specifications provided by the Recreation Department. H. Improved Sites All sites shall be dedicated in a condition ready for full service of electrical, water, sewer, sidewalks, landscaping, streetlights and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefore. The sidewalks and trees normally included within the definition of"Improved" sites may be deferred due to the delay time between dedication of any such site and construction of facilities thereon. In such a case, the real cash value shall be paitL , 9 SECTION II ORDINANCE PROVISIONS If any provision of this Ordinance 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 this Ordinance, which can be liven effect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be coverabie. SECTION III EFFECTIVE DATE This Ordinance shall be in full force and effect from the date of its passage as provided by law. 10 SECTION IV To the extent any conflict exists between this present Ordinance and the previous Land-Cash Ordinance adopted by the United City of the Village of Yorkville, this Ordinance shall supersede the effects thereof. PASSED this � day of 19 APPROVED BY me, as Mayor of the United City of the Village of Yorkville, this day of , 19 (� ATTEST: �i Mayor _ 4 lerk\ e 11 The 1993 yield table is a compilation of date secured from numerous sources throughout the Chicagoland Metropolitan area. Both school districts and municipalities have provided statistical date to update these figures. To those agencies, organizations, municipalities and school districts which have helped and have provided pertinent information, we are most grateful. a " 12 1993 TABLE OC MM iE-tIMIMAI 1: lIOPULA-[ION2EIItIIflU-- LING NNE Typo of Unit Pro-School Elonlonlary Junlor I filth Total I lioh School 0-4 Grades K-6 Gradus 7-8 I'm K-8 Grades 9-12 Adulls Tolal Por 5 11 years 12-13 years 5.13 years 14-17 years 18 yrs+ Dwolling UnIt Detached SlnOlo Family 2 bedroom 1 0.102 0.191 0.054 0.347 0.057 1.694 2.098 3 bedroom 0.254 0.4A0 0.126 0.820 0.179 1.921 2.920 4 bedroom 0.413 0.665 0.190 1.268 0.340 2.142 3.750 5 bedroom 0.236 0.488 0.139 0.863 0.249 2.637 3.749 Allached Single Family 1 bedroom 6.000 0.064 0.018 ' 0.082 0.037 1.068 1.187 2 bedroom 0.092 0.198 0.056 0.346 0.074 1.776 2.196 3 bedroom 0.231 0.298 0.085 0.614 0.103 1.805 2.522 4 bedroom 0.332 0.452 0.130 0.914 0.205 2.243 3.362 w A arlmoi'ils JE111clency o.0001 0.064 0.018 0.082 0.037 1.360 1.479 1 bedroom.; 0.000 0.064 0.018 0.082 0.038 1.749 1.869 2 bedroom 0.042 0.160 0.045 0.247 0.079 1.614 1.940 3 bedroom 0.050 0.339 0.096 0.485 0.153 2.499 3.137 ADD PRE-SCIIOOL TO ELEMENTARY 'r(YrAI.S H r r� c:c -3oac.LY 1Pooulotcon TABLE 2 1 coal cay N.S. i 50.000 600 1 i varJner/Su.4l11; 7.000 - 701 48.000 1240 ( I.":inonra N.S. ( 79.000 ! 1300 ! :15a3 I Ycrx,Alle H.S. I 24.720 1 600 !E Newark H.S. 48.790 i 50 i P!,no P.!E ; 19.170 834 ( b 17 (�-,wqo H.S. 117.700 131a 1 1 168 TQtali 394.38E I 4720 Av ei 49.301 i 590.00 � t I Middle School 1 1 t I cost city rnddle! 7.500 i 779 i j49 5,IA EEemenEar,; 10.000 �i25 ( 2 sdh� 20.000 270 193 E SnAOCnna•.`r H ri 22 4-2f1 1 650 ± G 1 lnccx� Jr. HiQS 6.5-00 1 430 -'J I c;r:1e Czrntrr j 29.700 i 540 r 73 1 { ��scn Jr. Nx 19.225 I 624 I 54✓ I i rafir-moer 1r'. HI i 2.0,r;0 1 618 1 482 f j Totafi 127.34.51 v!race 15.32; 1 coal (:1t•r :lemet� t=.:`0 850 5dF i -,v.r Ei cm.cntaryi 10.000 2 55 t 60 f 19 i I 2.46u 1 366 i 435 i 1 vru iefd I i.3 t0 i -180 i 323 1 cr=kHn 1 0.7-31 240 189 1 S arycga i 2d.000 1 569 ! 4 E 7 I Grr^ncr Elcm. t 7.000 1 375 1 240 So VlEmingtcn 2.300 i 285 ( 107 !- c Me Elem; 5 300 325 141 11"Imoka Elem. 1 15.000 ► 725 1 631 1Newim Eraa SI 5.000 1 270 I 199 ' (r1Elthrcok ( 5.000 ( 120 1 107 a Ccr.:rmial 2.w0 298 268 1 Pm nNer ! 7 360 1 473 ! 426 usccn i 5.310 i 250 i 139 Ycrkville C;r-3de i 3.620 i 332 i 341 9r:s:01 ( 4.A40 ( 247 1 284 Hasr vier+ ! 17 600 1 1014 ! 907 J lCOUtacr H111 12.000 1 545 I 5.33 I t.onq&call 1 9.200 3 644 j 49 T:talt IS9.537 707,-..00 Avm e ! 725i 1 32 3.S0 14 S.Bm.-Ie Cornput3tiorts 1 Formil-z. ap-I Student Factor FAampi- three bedroorn hme I wse 1997 4,ble with ;Pecial educ.3iiOn we-CFA on POPL.11.a--il-ri I Add t-jern, �, t I(CcteO determine total slucent factor 0.6594:: 7.425: 321 .5:: 0.015A50; t-iddle 0.12E.' 15.92; 429.83: O.CO4666: 0.1 7_S 5°0' 0.:."5?3i iSfeq -12: Mul•-,*oly Total sfud-mt Factor by FI-W SF :FMV :CC.nt,-,Iut4Qn 'r 13.92 Cbeck: Full Formula f IMin Acr?s Max P,.%v F"I :Contrbbvt4on em 0.694: 7 3-�)1.5:: 0-72501 $582.97 4--9.88,: iiS 0.1 9;: 49.3: 590: 37250., S5757.15 1313.94 ler 12:Four 5edr=rn home r--r. a ;Total Student =actor: fCateqorl ?co. Acres :Eax. Poo I.07—of 725:: 321 .5:: 0. O.CO-7OZ-6* 429-S-0: 49.3. 590: Cr2P-4 10: iIujjiply Total Sfudef.t Factor by FMY ITS: .FMY :Contribution 0.059756: 3-7250:; $--'1225.91 Check: FuTI Formula Contnbution itfa Acres- Pm :' Cate Elem 1 1.078:1 7.251 321.51 37,250- 0.191: 15.92' 4 29.881 $262.11 HS 0.34: 49.3 590: 37,250€ 105828 15 °PEZ DIX B Total Student Factor:Single Family Detached I I 1 t BEDROOM IT ate erg ;Poo Factor :t fin Arr?s (Max Pop otal Stdnt Fact c1*?mentary i 0.293►. 7.251 3321.51 0.006607 Middle Sch I 0.0541 1 .921 429.881 0.002000 High School I 0.0571 49.51 5901 0.004765 1 ► ( I 0.013370 3 BEDROO 1 ( I I I cate_ory )Pop Factor it`tin Acres IMax Pop ITot31 Stdnt Fact Eiementary I 0.694; 7.251 3-21.5; 0.015650 I Middle rc' ; 0.126' 15.921 429.881 0.0046-46 High School ( 0.179: 49.31 5901 0 0149571 i i I i 0.035273 1.; aEDPCCiI i i 1 1 C;t'^Cry IPrp -a�tgr 'Min Arr>s tl ax Pro c-^taE c-EItnr - ,.. lciem ntary 1 1.078 7.251* 321.5! 0.024;091 e 1M.ICdfe Sch I 0.191 15.92! 0.0070561 # school j 0.3-:: 49.31 1 c j I 1 0.05970, 1-:at oncry iP,,p '+r'qr :rin Arroc 1M:1X U1Q 1 Tel r,I i n,�far'1 zRtrnt ry i' 0. 7.251 - 0.0i6-_-i j "irdle Sca 0.':9 15.92' 429.8Q: 0.0051�fl iuign Scncr,t t G2c9 -49.51 59r' a 16 •oPE,tDIX C Total Student Fsctor :Att3ched Single Family 1 t I i GEGRCCM j i I t�grry PCO `zrtnr !!`'.in 'max ?oQ !Taal t�r.t F.lemPntary 1 0.0641 7.25; 321.51 0.00 14 43 hiddte Sch ! 0.018( 15.921 429.881 0.000667 High School 0.0371 49.31' 5901' 0.003092 ( 1 0.005202 LElerne EDPW1 t e Far,! r !Mtn a o (max P-,Q !T n Fa l eriL-ry j 0.025] 7.25; 321.Si 0.000654 Middle Sch ; 0.0561 15.921 429.88! 0.002074 High School 1 0.0741 49.31 590i t I I 1 0.008911 aE�nccrc ; I f a Max p^o 'Tctai Stdnt =a:t ;!Pmentar. I 0.2981 7.251 321.$1 C.006720j i-ddl! SO t 0.0851 15.911 429.88( 0.003148 riigh Sc^ool ; 0.103; 49.3; -=7oi 0.0086E t ( I 0.01x475 4 8E!"KCCN I ! 1 1 iC2t!Ccr•, Poo =°_c-.cr it'tn AcreG imax Moo. 1Tct31 Stcnt F2C'.f E;:rr ntary 1.015; 7.25; i.5; 0.02?8c9� 0.!-,Z: i hfrn chcol C.?05; 49.31 590! 0 17 1701 0. 3 f a 17 APPENDIX D Total Student Factors: Apartments E=FICtENCY � ; I ; C�tennry ;Pop Factor iMin Acres IMax Poo iinlal 5tdnt Fact 7.25.' O.OQ 1443 - — Middle SO ) 0.016! 15.92! 429.88! 0.000667 Hign Scnool i 0.0371 49.31 5901 0.003092 0.005202 i f I ? 8E1JR0(,M 1 I I 1 Csteoor^i iPoo Factor [Min ACref Max Pco i iot31 5tdnt Fa t Elrrnentary i 0.064i 7.25: 321.51 0.001443 MldC!e Sch i 0.018: 15.92! 0.000667 IN�gn Srnnn) 0 031;3: 49.31 n M:3175 1 t ? 0.005285 5 E OP CC+'-1 imin acres !t-lax ?^a !`c1ni Stc^t -act (Eiementary t 0.202! 7.25i 321.5i 0.00:555] !"fiddle Scn I 0.0181 15.921 42:.381 0.0006671 N.ign School I 0,0791 49.3i :901 0.006601 i ( 0.0! 182-1' 3 3Ei.Koom ( ? ! I lCvecCry iPQo ac;cr !t"Sn „cr!s !l;ax CnD 11Ot3! StCCt r?Ct( (� emer.t:ry i 0.3c co i 7 '2!.51 0.0087 21 0.0961 15.92'. (Nirn Sc.^•onl Q ?53( 49.J't ::C0j n C 1 77A�i ! 1 1 1 O.C251 12! Z8 APPENDIX E rni� INOr;C?: Stud n!factor CemPc:W10(i I ! 6DE DETACHED SINGLE FANILY ' I J TOTAL STUDENT FACTOR 1 F,`1V ,CCN--,R IS U T I ON 2 BEDRCCMS 0.013.371 X I I 3 BEDROOS 1 0.0352731 X J j 4 BEDROOMS i 0.059756i X 5 8-EDRCCms f 0.042281 j X j ! f I ? ATTACHED SINGLE FAtMILY I I I 'TOTAL STUDENT"FAC t'CiZ j Ff MV j CG�(irclBUTiG'J ! BEDRCCt" j 0.0052021 X j 2 BEIDPCO tS ? 0.00891 11 X 1 I 3 BEDRCCtIS i 0.019475i x ! I I,; aEDRCG'TS j C.0.78331 x f f r 1 t r ( apaRi''ENTS I I I I I TOTAL STUDENT FAA T CR I Fr'ly I CCN i-P!BUTlU4 j c;=ICfE?"1CY 1 0.005202; X i ? 18EDRCct-1 0.005285; X ! I 2 3EDRCO-1 ► 0.0118231 x 13 BE-DRCCtl i M251 12i x a _ 19 ' r Resolution on Lnnd Use and/or Expenditures of the City of Yorkville Land Cash Contributions Whereas the City of Yorkville has established a Land Cash Ordinance dedicated to the concept that healthful, productive community life depends in part on the availability of recreational and park space and adequate school facilities and Whereas the City of Yorkville has determined that the provision of park, recreation, and school sites to serve the immediate and future needs of adults and children of each new subdivision, planned unit development or individual construction is just as essential to proper land development as are street, water, sewers and sidewalks, and Whereas the City of Yorkville has established ordinance procedures for the acquisition ofland Znd/or the payment of cash in lieu of land, now Therefore it is resolved by the Yorkville Community Unit school District #115 Board of Education that all conditions and:requirements of said City of Yorkville Land Cash Ordinance shall be maintained and upheld by this governmental entity, and that any use of land or expenditure of contributions derived from the Yorkville Land Cash Ordinance shal! be in conformance with stipulations and conditions so stated within the Yorkville Land Cash Ordinance. 196 President Date• Secretary Date • APPE IX F (Sample resolution for compliance with Yorkville Land Cash Ordinance requirements.) Resolution on Land Use and/or Expenditures of the City of Yorkville Land Cash Contributions Whereas the City of Yorkville has established a Land Cash Ordinance dedicated to the concept that healthful, productive community life depends in part on the availability of recreational and park space and adequate school facilities and Whereas the City of Yorkville has determined that the provision of park, recreation, and school sites to serve the immediate and future needs of adults and children of each new subdivision, planned unit development or individual construction is just as essential to proper land development as are street, water, sewers and sidewalks, and Whereas the City of Yorkville has established ordinance procedures for the acquisition of land and/or the payment of cash in lieu of land, now Therefore it is resolved by the Board of Education that all conditions and:requirements of said City of Yorkville Land Cash Ordinance shall be maintained and upheld by this governmental entity, and that any use of land or expenditure of contributions derived from the Yorkville Land Cash Ordinance shall be in conformance with stipulations and conditions so stated within the Yorkville Land Cash Ordinance. President Date Secretary Date 20