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O-571-87 11/23/87111 4i0 ORDINANCE N0. - AMENDMENT TO ORDINANCE NO. 363 RELATING TO SCHOOL AND PARK CONTRIBUTIONS 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 is hereby found and determined that the public interest, convenience, health, welfare and safety requires that a minimum of 5.5 acres of land for each 1;000 persons residing within the Village or within 1 1/2 mile jurisdiction of the Village of Lemont and not included in any incorporated municipality to be devoted to park and recreation purposes; WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety require the establishment of school sites within a 1 1/2 mile of the Village limits in accordance with the following criteria which is consistent with the minimum site recommendation of the office of the State Superintendant of Public Instruction and the School Districts operating within 1 1/2 miles of the Village limits and not included in any incorporated municipality: and 600 capacity elementary schools (pre - schools -5) on eleven acres of land 900 capacity junior high schools (6 -8) on nineteen acres of land 2300 capacity high school schools (9 -12) on forty -eight acres of land, WHEREAS, demographic studies of the residential portions of a proposed subdivision or planned unit development can be readil' and scientifically conducted to determi 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 locations of park and recreation 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 and school sites or cash contributions in lieu of actual land dedication (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 I That Section IX of Chapter 7 Municipal Code (Ordinance 456) "Subdivision Regulations of the Municipal Code Lemont, Illinois" entitled "Public Use Areas" and Ordinance No. 363 is further amended by adding thereto the following: A. DEDICATION OF PARK LANDS & SCHOOL SITES OR FOR PAYMENT OF FEES IN LIEU THEREOF As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer will be required to dedicate land for park and recreational purposes and land for school sites, to serve the -9- • immediate and future needs of the residents of the development, or 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 formula. 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 5.5 acres of land per 1,000 of ultimate population in accordance with the following classifications: TYPES OF MINIMUM ACRES RECREATION AREAS SIZE RANGE PER 1,000 PEOPLE (a) Play Lot Minimum 8,000 Not Applicable Sq. Ft. (b) School -Park Minimum Park 1.25 (Neighborhood of 5 acres Play Ground (c) Neighborhood Minimum 3Z 1.0 Park Acres (d) District -Wide Minimum 4 Park or Play acres up to Field 30 acres (e) Community Wide Minimum 12 Recreation acres up to Park 30 acres TOTAL 3 1.25 2.0 5.5 acres of land per 1,000 people 2. Locntion 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 of not less than 5 acres shall be considered a requirement. A central location which will serve equally the entire 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 ardlin 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 installatio of recreational facilities, including equipment by the developer as part of his obligation. Detailed plans of such areas, including spec- ifications of facilities to be installed, must be approved by the Village 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. 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. C. 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: (1) estimated children to be served in each such school classification over the (2) maxium recommended number of students to be served in each such school classification ns 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. 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: MAXIMUM NUMBER OF MINIMUM NO. STUDENTS FOR EACH OF ACRES OF SCHOOL CLASSIFI- SUCH SCHOOL CLASSI- LAND FOR EACH FICATION BY GRADES FICATION SCHOOL SITE OF SUCH CLASSIFICATION Elementary Schools, 600 Students Grades - (Pre- school) thru 5th. (K -5) Junior High Schools Grades 6th thru 8th (6 -8) 900 Students High Schools, Grades 2300 Students 9th thru 12th (9 -12) 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 REQUIRING A CONTRIBUTION IN LIEU OF PARK AND SCHOOL SITES 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 11 acres 19 acres 48 acres Qurposes or a school site, the Village shall require the subdivider or developer to PaY a cash contribution in lieu of the land dedication required. The cash contibutions in lieu of park and recreation land dedication shall be held in trust by the Village or other public body affected solely for the acquisition of park and recreation land as hereinhefore 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 contribu- tions in lieu of school sites shall be held in trust by the Village or other public body affected solely for use in the acquisition of land for school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any ex- isting school site which already serves such needs, but not for the buildings or additions of a cash contribution construction of any school thereto. If any portion in lieu of park and re- creation land dedication, or cash contribution in lieu of school site is not expended for the purpose set forth herein within twelve years from the date of receipt, it shall be refunded to the developer, without interest, who made such contribution. 7 1. Fair Market Value The cash contribution in lieu of land still 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 $30,000.00 (THIRTY THOUSAND DOLLARS) 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 subdivision 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 contributiorl�n 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. E. •DENSITY 'FORMULA The following 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: 9 • In the event a subdivider or developer fi 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 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 Districts, 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. RESERVATION 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 year from substantial development completion. Table Of Estimated Ultimate Population per Dwelling Unit Children Per Uni Typ f Unit Pre - School Elementary Junior High Total Hieh School �� Grades K -5 Grades 6 -8 Grades R -8 Grades 9 -12 0 -4 Years 5 -10 Years 11 -13 Years 5 -13 Years 14 -17 Years Detached Single Family: 3 Bedroom .51 .81 .38 1.19 .32 2.00 4.02 4 Bedroom .54 .89 .50 1.39 .43 2.00 4.36 ttached Single Family (Townhouse, Rowhouse, quadriplex, etc.) 1 bedroom .170 .052 .013 .065 .013 1.75 1.998 2 Bedroom .710 .364 .026 .390 .056 2.00 3.156 3 Bedroom .760 .719 .214 .933 .124 2.00 3.817 4 Bedroom 1.00 1.183 .461 1.644 .396 2.00 5.040 Dw Density Apt.: (to 15 /acre) Efficiency 1.00 1.00 1 Bedroom .17 .052 .028 .03 .013 1.70 1.963 2 Bedroom .43 .202 .108 .31 .057 2.00 2.797 3 Bedroom .51 .436 .234 .67 .183 2.00 3.363 Adults Per Total Per Unit Unit High Density Apts.: (16+ acre) Efficiency -- --- 1.00 1.00 1 Bedroom .13 .026 .014 .04 .007 1.70 1.877 2 edroom .21 .065 .035 .10 .029 2.00 2.339 3 droom .43 .150 .080 .23 .092 2.05 2.602 COMBINING WITH ADJOINING DEVELOPMENTS 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 develop- ments in order to produce usable recreation areas or school sites without hardship on 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 therefore. The sidewalks and trees normally included within the definition of "improved" sites may be deleted due to the delay time between dedication of any sich school site and construction of school facilities thereon. SECTION II The dedications of land or cash contribution in lieu thereof required by this Ordinance shall also by required as a condition to the annexation and subdivision of any land to the Village or subdivisions within 1 1/2 miles of the Village limits and provisions therefore shall be incorporated i'n any preannexation agreement governing such land. -12- SECTION III If any provisions 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 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 this c 3 day of � , 1987. AYES e.64,061c,/),770,,,e4,(_> (ATTEST) NAYES PASSED CHARLENE SMOLLEN, Village Clerk APPROVED by me this 1987. CHARLENE SMOLLEN, Village Clerk