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O-56-02 09/09/02VILLAGE OF LEMONT ORDINANCE NO(✓ 5 6 ORDINANCE AMENDING LAND /CASH DONATIONS BY DEVELOPERS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 9th day of September , 2002 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 9th day of September , 2002. ORDINANCE NO ;'5 `49- ORDINANCE AMENDING LAND/ CASH DONATIONS BY DEVELOPERS WHEREAS, the Village of Lemont has found that healthful, productive community life depends in part on the availability of recreational and park space and adequate school facilities; and WHEREAS, it has been found and determined that the public interest, convenience, health, welfare and safety require that a minimum of ten (10) acres of land for each 1,000 persons residing within the Village or within the 1 -1/2 mile jurisdiction of the Village of Lemont and not included in any incorporated municipality be devoted to park and recreation purposes; and WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety require the establishment of school sites within the Village or within 1 -1/2 miles of the Village limits in accordance with the following criteria which are consistent with the minimum site recommendation of the office of the State Superintendent of Public Instruction and the school districts operating within 1 -1/2 miles of the Village limits and not included in any incorporated municipality: 600 capacity elementary schools (pre - school - 5) on 11 acres of land; 900 capacity junior high schools (6 - 8) on 19 acres of land; 2,300 capacity high schools (9 - 12) on 48 acres of land; 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 the required dedication 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 location of park: recreation sites and school sites 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 sites and school sites or cash contributions in lieu of actual land dedications (where. the latter is deemed impractical) or a combination of both, shall be required of each subdivider or developer of a planned unit development; NOW, THEREFORE, BE IT ORDAINED BY THE TRUSTEES OF THE VILLAGE OF LEMONT AS FOLLOWS: Section T. That Section IX of Chapter 7 Municipal Code (ordinance 456) "Subdivision Regulations -of the Municipal Code Lemont, Illinois" entitled "Public Use Areas" and Ordinance Nos. 363, 571, 606,902 and 1 -01 -01 are further amended so that subsections A through I thereof shall hereafter read as follows: A. DEDICATION OF PARK LANDS AND SCHOOL SITES OR PAYMENT OF FEES IN LIEU THEREOF As a condition of approval of a final plat of subdivision or of a planned unit development, each subdivider or developer will be required to dedicate land for park and recreational purposes and for school sites, to serve the immediate and future needs of the residents of the development, or to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village in accordance with the following criteria and formulas. B. CRITERIA FOR REQUIRING PARK AND RECREATION LAND DEDICATION. 1. 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 ten (10) acres of land per 1,000 of ultimate population in accordance with the following classifications: Type of Recreation Area (a) Play Lot (b) School -Park Neighborhood Playground (c) Neighborhood Park (d) District -Wide Park or Play Field (e) Community -Wide Recreation Park Minimum Acres Minimum 8,000 sq.ft. Minimum park of 5 acres Minimum 31/2 acres Minimum 4 acres Up to 30 acres Minimum 12 acres Up to 30 acres 2. Location. The Comprehensive Park and Recreation Plan and/'or the "Standards by Types of Recreation and Park Area" as adopted by the Lemont Park District shall be used as a guideline in locating sites. A park site adjoining all elementary school sites or not less than 5 acres shall be considered a requirement. A central location which will serve equally the entire -2- development is not desirable. In large developments, these sites can be located throughout the development according to established standards for park area distances. 3. 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 site of the development, a portion of the park and recreation 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 high 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 and, before any credit is given for private recreation areas, the subdivider 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" may be included in this provision. 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. 4. Park Site Criteria A. Location of Park Sites Except for combined school park sites, the Lemont Park District Master Plan shall be used as a guideline in locating sites. If the Village or the Park District has not planned a park within the subdivision or planned unit development or the neighborhood in which the subdivision or planned unit development is located, the park site shall be so located as to be readily accessible to the people within such neighborhood. Play and athletic fields, and large park sites must be conveniently accessible to the community at large. -3- Proper ingress, egress and curb cuts shall be provided. For water areas, provisions must be made for pathway /driveway around these areas for emergency vehicles and police patrol. Provisions for major use of a pathway /driveway for bike riding, walkway, jogging trail and pedestrian traffic shall be made. B. Environmental Quality Land to be dedicated for park sites shall be approved by the Village according to its environmental quality, as well as its suitability for active and passive recreational activities. The land is to be dry and usable at all times and not subject to flooding or used as detention. Should a donation include a detention/retention area over and above the 10 acres required per 1,000 of ultimate population estimated to be generated by the development, the Park District may accept said additional land. No bogs or swamps shall be acceptable as required park sites. Lakes and native prairie wetlands shall not normally be acceptable, but may be approved by the Village where the area offers an exceptional amenity or the chance to protect a significant natural resource. No site that has been part of an unlicensed landfill or a toxic waste dump shall be acceptable as required park acreage. Every effort shall be made to conserve for public use and enjoyment those areas of significant natural and environmental value. Except in those specific areas designated by the Village for development as play fields or other active areas, all trees, other plant materials, streams and other natural features shall be retained on land to be dedicated for park site use, unless specifically cited by the Village for removal by the developer. C. Shaw Dedicated park sites shall be regularly configured to permit efficient park programming, security and maintenance. Sites shall be rectangular, nor nearly rectangular, in shape with no interior angle of the boundary line less than 60 degrees, unless specifically approved by the Village. Narrow strips of land, small parcels that intrude into adjacent orderly development or left over parcels that are oddly shaped or located shall be avoided. D. Improvements Prior to conveyance, all sites shall be prepared in accordance with the Village's subdivision code and water retention/detention requirements, except as varied by the specific terms of this Ordinance. In addition, in the event that a park site includes retention/detention -4- areas, slopes must be mowable and shall not exceed a 5 to 1 slope. Those areas, where by necessity and subject to the approval of the Village Engineer, the grade exceeds 5 to 1 must have a covering of flagstone or crown vetch which eliminates the need to mow. All areas must be final graded and seeded to meet Park District specification as to seed mixture. All sites shall be conveyed 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. In addition, location of hydrants shall be made in conformance with Village requirements. Provision for water for watering vegetation and. flooding for ice skating shall be made where appropriate. Sewers for possible installation of restrooms /shelter at a later date shall be provided. Electricity for street lights for future lighting for shelters and security shall be provided. Security lighting along pathway shall be provided. C. CRITERIA FOR REOUTRING 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: (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 areas of land deemed needed to have sufficient land for school sites to serve the estimated increased number of children in each school classification. 2 School Classification and Size of School Site. School classifications and size of school sites within the Village shall be determined in accordance with the following criteria: School Classification By Grade Elementary Schools, Maximum Number Minimum Number of Acres of Students per School Site of Land per School Site -5- Grades Pre - school thru 5th (K -5) Junior High Schools, Grades 6th thru 8th (6 -8) High Schools, Grades 9th thru 12th (9 -12) 600 students 900 students 2,300 students 11 acres 19 acres 48 acres 3. Location. The Comprehensive School Plan and/or the standards adopted by the affected School District shall be used as a guideline in locating sites. D. CRITERIA FOR REOT TIRING A CONTRIBT JTION IN LIFT J OF PARK AND SHOO ITE. . Where the development is small and the resulting site is. too small to be practical or when the available land is inappropriate for park and recreational purposes, for purposes or a school site, the Village shall require a 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 at the discretion of the Village used by the Village for park open space land or paid directly to the public body affected 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. The cash contributions in lieu of school sites shall be held in trust by the Village or at the discretion of the Village, paid directly to the public body affected solely for the acquisition of land for school sites to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site or facility which already serves such needs. If any portion of a cash contribution in lieu of park and recreation or land dedication, or cash contribution in lieu of school site is not expended for the purpose set forth herein -6- within 12 years from the date of receipt, it shall be refunded, without interest, to the developer who made such contribution. Where cash contributions are made in lieu of land dedication, the affected public body shall acknowledge receipt of payment or Installment Agreement acceptable to the Village. Any payments of money or dedication of land received under the terms of this Ordinance shall require the affected public body to execute an Indemnity and Hold Harmless Agreement as to the use of funds consistent with the terms of the Ordinance. 1. Fair Value The cash contribution in lieu of land shall be based on the "fair market value" of the acres of land in the area improved as specified herein, that otherwise would have been dedicated as park and recreation, and school sites. It has been determined that the present "fair market value" of such improved land in and surrounding the Village is One Hundred Thousand Dollars ($100,000) 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 appraisal 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 other. 2. Criteria for Requiring 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 aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated. -7- b) A major part of the local park or recreation site, 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. E DENSITY FORMULA. The attached 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 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 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 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, 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. F. REuSERVATION 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 reserved for subsequent purchase by the Village or other public body designated by the Village, provided that such acquisition is made within one (1) year from substantial development completion. G. COMBINING WITH ADJOINING DEVFI,OPMFNTS. 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 ord er to produce usable recreation areas, sites or school sites without hardship to a particular developer. H. 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 shall not differ greatly from surrounding land. I 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 -9- normally included within the definition of "improved" sites may be deleted due to the delay time between dedication of any such school or site and construction of school or facilities thereon. Section II. The dedications of land or cash contribution in lieu thereof required by this ordinance shall also be required as a condition to subdivision and /or planned unit development of any land to the Village or subdivisions and/or planned unit development within 1 -1/2 miles of the Village limits. Section III. 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 severable. Section IV. Any policy, resolution or ordinance of the Village or portion thereof which may conflict with any portion of this ordinance shall be, and it is hereby repealed. Section V. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 9th day of September , 2002. John Benik Debbie Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT Approved by me this 9th day of September , 2002. ti JO ' N F. P AZZA, T. LAG_�►j' RESIDENT Attest: RLENE SMOLLEN, VILLAGE CLERK -10- 'FyIle of Unit EXttttll't' "A" TALE OF ESTIMATED ILTNAATE POPULATION PER DWELLING UN$T Clitl.iNREtJ PER (UNIT Pro-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 t 1 -13 Years 5-13 Years 14 -17 Years 18 Years + Dwet$In+ Unl1 Oetached Sine Family 2 Bedroom 0.113 0.136 0.048 0.184 0.020 1.700 2.017 3 Bedroom 0.292 0.369 0.173 0.542 0.184 1.881 2.899 4 F1etkoom 0.418 0.530 0298 0.828 0.360 2.158 3.764 5 Bedroom 0.283 0.345 0.248 0.593 0.300 2.594 3.770 Attached Since Family 1 Bedroom 0.000 0.000 0.000 0.000 0.000 1.193 1,193 2 Bedroom 0.064 0.088 0.048 0.136 0.038 1.752 1.990 3 t3edroom 0.212 0234 0.058 0.292 0.059 1.829 2,392 4 Bedroom 0.323 0322 0.154 0.476 0.173 2.173 3.145 Apartments Efficiency .0.000 0.000 0.000. 0.000 0.000 1.294 1.294 1 Bedroom 0.000 0002 0.001 0.003 0.001 1.754 1.756 2 t3eckoorn 0.047 0.086 0.042 0.128 0.046 1.693 1.914 3 Betkoom 0.052 0.234 0.123 0.357 0.118 2,526 3.053 Note: There are only three stytidicant categories provided in this chart. Because of the similarity of yteldss of all types 01 attached single Iamily dwelling units, only one category is provided. The same is true with apartments; thus, only one category. Because of the relatively short history of some newer types of detached and attached single family units, Individual evaluations may be necessary. Copyright 1996 'Mots School Consulting SServtcel Associated Municipal Consultants, Inc. Ntmalcor 96-010201 -Nape/Ville, Illinois +E 3d 1316!A T. S01n0dONO1NV