Loading...
HomeMy WebLinkAboutOrdinances - MC-79-152 - 05/21/1979 - traffic signal devices7'73399 IIC-79-151 AN ORDINANCE 031PY WHEREAS, during the past ten years the City of McHenry has experienced a rapid population increase due in part to the subdi- vision and planned unit development of vacant land within the jurisdiction of the City; and, WHEREAS, planning studies have indicated that such population growth will accelerate during the next thirteen years resulting in the rapid disappearance of available land and the marked increase in land values; and, WHEREAS, the City has found that healthful, productive community _life depends in part on the availability of recreational and park space and adequate school and library facilities; and, WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety requires that a minimum of one acre of land for each 100 persons residing within the City and within its planning jurisdiction be devoted to park and recreational purposes; and, WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety requires the establishment of school sites in accordance with the following criteria: 400 capacity elementary schools.(K-5) on ten acres of land; 750 capacity junior high schools (6-8) on 30 acres of land; 1,000 capacity high schools (9-12) on 40 acres of land; and, WHEREAS, it is hereby determined that the Table of Estimated Ultimate Population, which is attached hereto and incorporated herein by reference, is generally indicative of current and short range projected trends of the number of school age children and of adults to be generated from proposed subdivisions or planned unit z developments; and, I iQ�fA t EP %JS/ ti 7'73399 WHEREAS, it is hereby determined that the present "fair market value" of such improved land in and surrounding the City is $20,000.00 per acre; and, WHEREAS, it has been found and determined that the locations of park and recreation and school sites and provision for library purposes 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, WHEREAS, the City has determined that, with regard to library purposes, cash contributions in lieu of actual land dedication is in each case more practical and more appropriate than land dedication and that such cash coptribution shall be required of each subdivider or developer of a planned unit development; and, WHEREAS, it has been determined, and is hereby declared, that it is urgent that this Ordinance take effect immediately upon its passage and approval; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Amendment of Paraqraph H of Section V of Subdivision Control Ordinance. Paragraph H of Section V of the Subdivision Control Ordinance of the City of McHenry, be and the same is hereby amended so as to read as follows: H. Dedication of Park Lands and School Sites or for Payments of Fees in Lieu Thereof, and Payment of Cash Contributions for Library Purposes: 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 immediate and future needs of the residents of the development, or to pay a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the City, and to pay a cash contribution for library purposes, in accordance with the following provisions: -2- 416� e i 3399 1. Criteria for Requirinq Park and Recreation Land Dedication: (a) Requirements 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 one acre of land per 100 of ultimate population. (b) In the event the City should determine that a cash contribution shall be made by the subdivider or developer in lieu of land dedication the City shall apply the population ratio of one acre of land for 100 ultimate population within the development or area to be subdivided times the fair market value as established in this ordinance. 2. Criteria for Requiring School Site Dedication: (a) 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 acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. (b) School Classifications and Size of School Site. School classifications and size of school sites within the City shall be determined in accordance with the criteria heretofore set forth in the recital portion of this ordinance. -(c) Density Formula. The current Table of Estimated Ultimate Population per dwelling unit of population density, which is published by the Illinois School Consulting Service, shall be used in calculating the amount of required dedication of acres of land and any combina- tion of land dedication and cash contribution. For purposes of this paragraph the current table shall mean the most recent table of estimated ultimate tabulation per dwelling unit published by the Illinois School Consulting Service as applied simultaneously with the request for approval -of the final plat of subdivision or planned unit development pursuant to the ordinances of the City. -3- 7'73399 In the event a subdivider or developer files 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 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 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. 3. 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 otherwise inappropriate for park, recreational or library purposes or a school site, the City shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. .(a) 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 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 the planning jurisdiction of the City is $20,000 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 City Council based upon such 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. 4.. Cash Contributions: (a) Cash Contribution Schedule. The cash contribution per each for park, library and school requires cash in lieu of land Or library sites, shall be in schedule: residential dwelling unit purposes where the City dedication for school, park accordance with the following --4- 7'73399 CONTRIBUTION PER RESIDENTIAL DWELLING UNIT FOR: TOTAL TYPE OF RESIDENTIAL _ CONTRIBUTION DINTELLING UNIT: SCHOOLS PARK LIBRARY PER UNIT Single Family Dwelling: 3 bedroom or less $400 $400 $:100 $ 900 4 bedroom 500 500 125 1,125 5 bedroom 600 600 175 1,375 Apartments: 1 bedroom $ 25 $180 $ 50 $ 225 2 bedroom 150 300 75 525 3 bedroom 225 390 1.00 715 Townhouse, Row House, 4uadriplex: 1 bedroom $ 0 $180 $ 50 $ 230 2 bedroom 75 300 75 450 3 bedroom 260 390 100 750 It is recognized that local conditions change over the years and the cash contribution provided in the foregoing is to be subject to periodic review and amendment, if necessary. (b) Time of Payment. 1. Where Territ�is Located Outside of City. Where the territory in such subdivision or planned unit development is located outside of the City boundaries but within its plan jurisdiction, the cash contribution required by this ordinance shall be payable to the City when application is made to the City to approve such subdivision or planned unit development. 2. Where territory is Located Within the City. Where the territory in such subdivision or planned unit development is located within the City boundaries, the cash contributions required by this ordinance shall be payable to the City either upon the gale of each lot or parcel, or at the time application is made to the City for the issuance of a residential building permit in connection with any premises in said subdivision or planned unit development, whichever event occurs first; provided, however, that, if not sooner paid, one-half of said cash contributions shall be due and payable eighteen months after the final plat approval and the remaining one-half of said contributions shall be due and payable 36 months after said final plat approval. 7`73399 (c) Method of Calculating Number of Bedrooms Supplementary Payments. In those situations where the aforesaid cash contribution is due upon an application being made for a residential building permit, such contributions shall be calculated pursuant to the above schedule on the: basis of the type of residential unit to be constructed and the number of bedrooms specified in said application. In each of those situations where the aforesaid cash contribution is due and payable prior to the application for a residential building permit, such cash contribution shall be calculated pursuant to the above schedule and on the basis that the single family dwellings to be sub- sequently constructed will contain a minimum of three bedrooms, and that the apartments, townhouses, row houses and quadriplexes will contain one bedroom per each allowable residential unit, provided, however, that if later an application for building permit is made showing more than the aforesaid number of bedrooms per dwelling unit, the applicant for such building permit shall then be required to pay a supplementary cash contribution to the City to make up the difference between the amount previously paid by the developer or subdivider and the amount required for the actual number of bedrooms to be constructed in such residential dwelling unit. (d) Agreement and Notice of Ordinance to be Placed on All Plats. In those cases where the proposed subdivision is located within the boundaries of the City and where a cash contri- bution is required to be paid to the City, the following agreement and notice shall be placed on all final plats of subdivision: AGREEMENT AND NOTICE RE: CASH CONTRIBUTIONS TO CITY OF McHENRY, ILL;NOIS As a condition of approval of this Plat of Sub- division, the undersigned owner agrees with the City of McHenry, Illinois, and all parties. who shall hereafter acquire from the subdivider any ]Land described in this Plat shall be taken and held to agree with the City of McHenry, Illinois, to comply with the terms and provi- sions contained in Paragraph H of Section V of the Subdivision Control Ordinance of the City of McHenry, Illinois, relating to the payment of fees for park, recreational, school and library purposes. Notice is hereby given to all persons, including corporations, who acquire any land from the subdivider hereof, that no application for a building permit for a residential dwelling unit will be issued by the City of McHenry, Illinois, unless the aforesaid cash contri- bution has been previously paid to the City of McHenry, Illinois, in connection with the land to which the application for building permit relates. In witness whereof, the undersigned owner has here- unto signed and sealed this instrument this day of . 19 OWNER "773399 0 (e) The City shall remit the cash contributions to the affected districts on a periodic basis not less frequently than annually. Such cash contributions shall be held in a special fund by each of said districts and shall be disbursed by them only for such lawful purposes as may be authorized by statute or by law. SECTION 2. Severability. 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 of application thereof, and to this extent the provisions of this ordinance are declared to be severable. SECTION 3.-Repeai. All ordinances in conflict with this amending ordinance shall, to the extent of such conflict, be and they are hereby repealed. SECTION 4. Effective date. This ordinance shall be in full force and effect immediately upon its passage and approval. PASSED this % day of -/ _. 1979. AYES:/� L f��--��T-�- AP_KF_LVOGf�/✓l NAYS: M niJ f ABSENT: APPROVED this _ _ 1 S rday of _, 1979. ATTEST: CITY CLERK i 1/ MAYOR O