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O-01-01 01/08/2001VILLAGE OF LEMONT ORDINANCE NO. O °) - ° AN ORDINANCE AMENDING VILLAGE OF LEMONT ORDINANCES #363, 571, 606 AND 902 RELATING TO LAND AND CASH DONATIONS BY DEVELOPERS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This g'"' day of 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 ' day of , 2001 , 2001. AN ORDINANCE AMENDING VILLAGE OF LEMONT ORDINANCES #363, 571, 606 AND 902 RELATING TO LAND AND CASH DONATIONS BY DEVELOPERS WHEREAS, the Village of Lemont has found that healthful, productive community life in part on the availability of recreational and park space; 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 one and a half (11/2) mile jurisdiction of the Village of Lemont and not included in any incorporated municipality be devoted to park and recreation purposes; 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 population 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, Ordinance 902 relating to Land and Cash Donations by Developers provides that the Village shall review the fair market value of land used in calculations of donations ever two years; and WHEREAS, it has been found and determined that the fair market value should be increased from $85,000 per acre to $100,000 per acre; and NOW, THEREFORE, BE IT ORDAINED BY THE TRUSTEES OF THE VILLAGE OF LEMONT AS FOLLOWS: Section 1. That Section I.B.1 Requirement and Population Ratio shall be amended to read as follows: 1 Section I.B.1 Requirement and Population Ratio. The ultimate density of a 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 Size Range (a) Play Lot Minimum Square feet (b) School -Park Minimum park Neighborhood of 5 acres Playground (c) Neighborhood Minimum 3 '/2 Park acres (d) District -Wide Minimum 4 acres Park or Play up to 30 acres Field (e) Community Minimum 12 acres Wide Recrea- up to 30 acres tion Park Section 2. That Section I.B.4.B. Environmental Quality shall be amended to read as follows: B. Environmental Ouality: 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 ten (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 change 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. 2 Type of Unit EXHIBIT "A" TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT CHILDREN PER 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 Years + Dwelling Unit Detached Single Family 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Attached Single Family 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 0.113 0.292 0.418 0.283 0.000 0.064 0.212 0.323 0.136 0.369 0.530 0.345 0.000 0.088 0.234 0.322 0.048 0.173 0.298 0.248 0.000 0.048 0.058 0.154 0.184 0.542 0.828 0.593 0.000 0.136 0.292 0.476 0.020 0.184 0.360 0.300 0.000 0.038 0.059 0.173 1.700 1.881 2.158 2.594 1.193 1.752 1.829 2.173 2.017 2.899 3.764 3.770 1.193 1.990 2.392 3.145 Apartments Efficiency 0.000 0.000 0.000 0.000 0.000 1.294 1.294 1 Bedroom 0.000 0.002 0.001 0.003 0.001 1.754 1.758 2 Bedroom 0.047 0.086 0.042 0.128 0.046 1.693 1.914 3 Bedroom 0.052 0.234 0.123 0.357 0.118 2.526 3.053 Note: There are only three significant categories provided in this chart. Because of the similarity of yields of all types of attached single family 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 Illinois School Consulting Service/ Associated Municipal Consultants, Inc. Number 96- 010201 Naperville, Illinois OD 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. Section 3. That Section I.E.1, Fair Market Value, be amended to read: 1. Fair Market 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, library 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, Library District, School District or other. The Village shall review the fair market value every two years. Section 4. That Section I.F. Density Formula shall be amended to replace the Table of Estimated Population per Dwelling Unit, copyright 1983, by Associated Municipal Consultants, Inc., with the Table of Estimated Population per Dwelling Unit, copyright 1996, by Associated Municipal Consultants, Inc., attached herein as Exhibit "A ". This Ordinance shall be in full force and effect form and after its passage, approval and publication in pamphlet form as provided by law. 3