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Ordinance 1990-16 ORDINANCE NO. 1990- ; 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 as set forth in its Land Cash Contribution Ordinance passed previously on the day of , 19_; and the City Council and the Mayor of the United City of the Village of Yorkville pursuant to joint discussions and investigation of said formulas by the Yorkville School District and the City deeming there to have been a substantial increase in the cost of acquisition of land and building of structures to serve the needs of the School District; 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 Yorkville Community School District 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 the United City of the Village of Yorkville, passed the , day of as follows: UPON MOTION DULY MADE, seconded and approved, the pre-existing Land-Cash Ordinance formula is hereby modified as follows: SECTION I DEDICATION OF PARK 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 Reacreation Departments shall be used as a guideline in locating sites. 2. P--gtjirement and Popular ton 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 population. 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 computation it is presumed that each single family home will have 4 bedrooms. For other dwelling units such as townhouses, apartments, it is presumed that each unit will have 2 bedrooms. Example: Development of 300 total population Total population X the required acreage = Total acres required for 1 ,000 population 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) masimum 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 purposes of this computation it is presumed that each single family home will have 4 bedrooms. For other dwelling units, such as townshouses, apartments, it is presumed that each unit will have 2 bedrooms. -2- Example: Development "A" will generate 60 elementary students estimated children per minimum recommendation Acres school classification X per classification = to be maximum school of school size dedicated classification recommendation 60 X 11 acres = 1 . 1 acres 600 2. School Classification and Size of School Site School classification and size of school sites within the City shall be determined in accordance with the following criteria which is consistent with the minimum site recommendations of the Illinois State Board of Education (variance of grade organization and size are subject to local Board of Education District policy) : Classification Max. Number of Students Min. Number of Acres by Grades for each classification of Land for each school site classification Elementary K-5 600 students 11 acres Middle School 6-8 750 students 28 acres High School 1500 students 45 acres Illinois Office of Education Standards as adopted by the Illinois State Board of Education follow this criteria: Elementary school - minimum 5 acres plus 1 acre per 100 students Middle school - minimum 20 acres plus 1 acre per 100 students High School - minimum 30 acres plus 1 acre per 100 students C. Criteria for Requiring a 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 -3- public body designated by the City, solely 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 cash contributions in lieu of school sites shall be held in trust by the City, or other bublic body designated by the City. Said funds shall be used solely 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. 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 as security for the payment as determined provide the United City of the Village of Yorkville with a letter of credit in the amount as determined from an acceptable banking institution or shall make a cash deposit in an acceptable institution of the total amount required in an interest bearing account, which account shall be drawn from only by the consent of the City and may be drawn against by the City in the event that the payments are not paid when due. All interest accrued in such savings shall accrue to the benefit of the subdivider or developer. The letter of credit as hereinabove provided shall expressly provide it may be drawn against by the City at any time the developer or subdivider fails to make the payments. Prior to the issuance of any building permit the developer or subdivider, or such assigns or successors in interest shall pay the City the amount of cash payment attributable to the land relating to the building permit. 3. Refund If any portion of a cash contribution in lieu of park, recreation, or -4- 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. 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. 5. 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 evidence. Final determination of said "fair market value" per acre of such improved land shall be made -5- 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 by affected parties. D. Time of Conveyance of Payment 1 . The subdivider or developer shall convey to the respective school district and Recreation Dept. , 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 developershall make each cash contribution required under this Ordinance directly to the City or other public body designated by the City. Said collector shall issue a receipt as evidence of payment. 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 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 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 denisty, age distribution and local conditions change over the years, and the specific formula for the dedication of land, or the paymetn of fees in lieu thereof, as stated herein is subject to periodic review and amendment if necessary. F. Reservation of Additional Land Where the School District's or Recreation Department's comprehensive plan or standards of the City Council call for a larger amount of park and recreational land or school sites in a particular subdivision or planned unit -6- 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. 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 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 and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of "Improved" sites may be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon. Such improvements for park dedication shall only be required when requested by the Recreation Department and shall conform to plans provided by the Recreation Department. 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 given effect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be coverable. SECTION III EFFECTIVE DATE This Ordinance shall be in full force and effect from the date of its passage as provided by law. 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 -7- of Yorkville, this Ordinance shall supersede the effects thereof. PASSED this /OA day of 1990. APPROVED BY me, as Mayor of the United City of the Village of Yorkville, this ! I day of '791LC 1990. ROBERT E. DAVIDSON JR. , Mayor ATTEST: City Clerk -8- Table of Estimated Ultimate Population per Dwelling Unit Table of Estimated Ultimate Population per Dwelling Unit 1989 Illinois School Consulting Service Table I ESTIMATED ULTIMATE POPULATION PER DEWELLING UNIT ( Grade Grouping K-5, 6-8, 9-12) TYPE OF UNIT PRE-SCHOOL ELEMENTARY JUNIOR HIGH TOTAL K-8 HIGH SCHOOL ADULTS TOTALJUNIT Detached Single Family _ 2 BDRM 0.102 0.122 0.041 0.163 0.02 1.694 1.979 3 BDRM 0.256 0.358 0.143 0.501 0.146 1.9621 2.865 4 BDRM 0.413 0.474 0.303 0.777 0.307 2.176 3.673 5 BDRM 0.231 0.317 0.231 0.548 0.212 2.606 3.597 Attached Single Family (Townhouse, Row House, Ouadriplex, etc) r, 1 BDRM 0 0 0 0 0 1.068 1.068 2 BDRM 0.091 0.094 0.077 0.171 0.037 1.775; 2.074 3 BDRM 0.229 0.212 0.063 0.275 0.067 1.809s 2.38 4 BDRM 0.346 0.321 0.169 0.49 0.183 2.317 3.336 Apartments EFFICIENCY 0 0 0 0 0 1.361 1.36 1 BDRM 0 0 0 0 0 1.734 1.734 2 BDRM 0.041 0.08 0.039 0.119 0.038 1.554 1.752 3 BDRM 0.0631 0.2031 0.1171 0.32 0.0931 2.31 2.786 School Land Cash Computation COMPUTATION EXAMPLE: Development of 56 3-bedroom and 42 4-bedroom single family detached units SUBDIVISION DATA PRE-SCHOOL ELEMENTARY JR. HIGH HIGH SCHOOL OVER 21 T.F. POP. Type Housing # of Home; Factor Student Factor Student Factor Studen FACTOR STUDENT Factor �Adults 3 Bdrm 56 0.256 14.336 0.358 20.048 0.143 8.008 0.146 8.176 1.9621. 109.872 2.8651 160.44 4 Bdrm 42 0.413 17.3461 0.474 19.908 0.3031 12.73 0.307 12.894 2.176 91.392 3.673 154.27 Total 98 31.682 39.956 20.73 21.07 201.264 314.71 DATA FROM TABLE I: Formulas ELEM Jr. H H.S. Minimum Acres (A) 11 28 45 Maximum Students (S) 600 750 1500 Fair Market Value (FMV) = $25,000 Factor (D) X (A)/(S) X FMV = Contribution a Students (D) _ # homes by tpye X Total Student Factor Acres = Grade Level Students X (A)/(S) SCHOOL CONTRIBUTION Acres Cash GRAGE LEVEL (D) Std (S) Size (A) Acres Req'd FMV Dntn K-6 39.956 600 11 0.7325 25,000 18,313 t 7-8 20.734 750 28 0.7740 25,000 19,352 9-12 21.07 1500 45 0.6321 25,000 15,803 Total 37,665 t PARK CONTRIBUTION= TOTAL FAMILY POP. X 10/1000 X FMV FAMILY POPULATION ACRES /1000 ACRES REO'D VALUE/ACRE ,CASH CONTRIBUTION 314.706 10 3.147 25,000 $78,676.50 TOTAL CONTRIBUTION: DNTN #HOMES $/HOME , SCHOOL 37,665 981 384.34 s j PARK 78,677 98 802.82 �' TOTAL 116,341 981 1,187 x The 1989 yield table is a compilation of data secured from numerous sources throughout the Chicagoland Metropolitan area. Both school dis- tricts and municipalities have provided statistical data to up-date these figures. To those agencies, organizations, municipalities and school districts which have helped and have provided pertinent information, we are most grateful. These tables were compiled from information of various types of resi- dential developments in the Metropolitan area of Chicago. The compilation of this information represents an average for the three basic types of dwelling units. Consequently, when these figures are used, this must be kept in mind--that they represent an average for these various dwelling units. Thus, the average figures of the tables may be unreasonable to use in some instances when it is known that there are unusual circum- stances. Such circumstances and conditions could deal with the amenities in certain residential developments, the fact that some residences are being subsidized, that there are significant cost differences, or that areas of location of developments are a factor. In cases where financial arrangements are involved, it would appear prudent to arrive at a more equitable arrangement to satisfy all parties involved. Apartments and attached single family units It has been noted that in a number of such units surveyed there were government subsidies involved. In such cases the 'average' table figures did not truly represent the yield generated from such subsidized units. Numbers of children coming from these units were much higher than shown on the yield table. In most of these types of dwelling units there is a limit imposed by the management on the number of children per bedroom. In some apartment complexes a second or a third room might be re- ferred to as a den, but frequently is converted into another bedroom after it has been occupied. This, of course, would affect the student yield and population calculations. j% relatively new phenomenon in our socieLy today is the single parent family. This head of the household is generally looking at an apartment complex or attached single family residence. Thus, we noted a slight in- crease in yield figures for these two types of dwelling units over the 1983 tables. Five-bedroom, single family unattached Five-bedroom, single family unattached units have been closely moni- tored. Many of the larger homes keep adding additional square footage to their home plans, but most of this 'new' area is converted into a larger master bedroom, a study or library, or a second family room. There are relatively few five-bedroom homes being constructed at present. 13 TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT C h i l d r e n P e r U n i t Type of Unit Pre-School Elementary Junior High TOTAL High School Grades K-5 Grades 6-8 Grades K-8 Grades 9-12 Adults Total Per 0-4 Years 5-10 Years 11-13 Years 5-13 Years 14-17 Years (18--up) Unit Detached Single Familys 2 Bedroom .102 .122 .041 .163 .020 1.694 1.979 3 Bedroom .256 .358 .143 .501 .146 1.962 2.865 4 Bedroom .413 .474 .303 .777 .307 2.176 3.673 5 Bedroom .231 .317 .231 .548 .212 2.606 3.597 Attached Single Familys 1 Bedroom -0- -0- -0- -0- -0- 1.068 1.068 2 Bedroom .091 .094 .077 .171 .037 1.775 2.074 3 Bedroom .229 .212 .063 .275 .067 1.809 2.380 4 Bedroom .346 .321 .169 .490 .183 2.317 3.336 Apartmentsi Efficiency -0- -0- -0- -0- -0- 1.360 1.360 1 Bedroom -0- -0- -0- -0- -0- 1.734 1.734 2 Bedroom .041 .080 .039 .119 .038 1.554 1.752 3 Bedroom .063 .203 .117 .320 .093 2.310 2.786 NOTEi There are only three significant categories provided in this chart. Because of the similarity ji yields of all types of attached single family, only one category is provided._ The same is true with apartments; thus only one category. Because of the short history of some newer types of detached and attached single-family units, individual evaluations may be necessary. Copyright 1989 Illinois School Consulting Service/ Associated Municipal Consultants, Inc. Naperville, Illinois Number _ a a AW