HomeMy WebLinkAboutOrdinances - MC-89-483 - 04/26/1989 - SCO developer donation and cash contributionsOrdinance No. MC-89-483
AN ORDINANCE
WHEREAS, during the past ten years the City of McHenry has
experienced a rapid population increase due in part to the subdivision
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 forseeable future 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 $opulation, published by the Illinois School Consulting Service
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 developments; and,
WHEREAS, it is hereby determined that the present "fair market
value" of such improved land in and surrounding the City is $30,000.00
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 contribution shall be required of each subdivider or
developer of a planned unit development;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS, as follows:
SECTION 1. Amendment of Paragraph 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 PaVments
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:
I. Criteria for Requiring 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.
(c) Density Formula.
The attached Table of Estimated Ultimate Population per
dwelling unit of population density, published by the Illinois School
Consulting Service, shall be used in calculating the amount of required
dedication of acres of land and any combination of land dedication and
cash contribution.
6
2. Criteria for Requirinq 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 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 attached Table of Estimated Ultimate Population per
dwelling unit of population density, published by the Illino.i.s School
Consulting Service, shall be used in calculating the amount of required
dedication of acres of land and any combination of land dedication and
cash contribution.
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 bused 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 or recreational 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.
3
(a) 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 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 $30,000.00 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 residential dwelling unit
for park, library and school purposes where the City requires cash in
lieu of land dedication for school, park or library sites, shall be in
accordance with the following schedule:
CONTRIBUTION
PER RESIDENTIAL DWELLING UNIT
FOR:
TYPE OF RESIDENTIAL
TOTAL CONTRIBUTION
DWELLING UNIT
SCHOOLS
PARK
LIBRARY
PER UNIT
Single Family
Dwellings
2 bedroom or less
$1598.00
$566.00
$133.00
$2297.00
3 bedroom
2400.00
850.00
200.00
3450.00
4 bedroom
3059.00
1083.00
255.00
4397.00
,.
5 bedroom
3551.00
1257.00
296.00
5104.00
Aoartments:
2 bedroom or less 1333.00 472.00 111.00 1916.00
3 bedroom or more 2261.00 801.00 188.00 3250.00
Townhouse, Row
House, Quadriplex
2 bedroom or less 1326.00 540.00 127.00 2193.00
3 bedroom or more 1830.00 648.00 152.00 2630.00
4
It is recognized that local conditions change over the years and the
dash contribution provided in the foregoing is to be subject to periodic
review and amendment, if necessary.
(b) Time of Payment.
1. Where Territory is Located Outside of Citv.
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 the final plat of such subdivision or planned unit development.
2. Where Territory is Located Within the Citv.
Where the territory in such subdivision or planned unit
development is located within the City boundaries, t:he cash
contributions required by this ordinance shall be payable to the City
either upon the sale 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.
(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 subsequently constructed will contain a minimum of three
bedrooms, and that the apartments, townhouses, row houses and
quadriplexes will contain two bedrooms 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.
5
(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 contribution 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 THE CITY OF MCHENRY, ILLINOIS
19
As a condition of approval of this Plat of Subdivision,
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
provisions 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 contribution 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 hereunto
signed and sealed this instrument this day of
OWNER
r (e) Where territory is unconditionally annexed to the
City, or, is annexed thereto pursuant to an annexation agreement which
does not expressly restrict the purposes for which such cash
contributions may be spent, the cash contributions generated by that
annexed territory may be expended for land acquisition, for the cost of
constructing buildings, building additions, building site improvements
and appurtenances, and/or for any capital or operating expense purpose.
In all other cases, such cash contributions may be used only for such
purposes as are authorized by statute or law.
Seventy percent of the cash contributions for school
purposes shall be remitted to the qrade school district affected by said
subdivision development and thirty percent shall be remitted to the
affected high school district. The City shall remit the cash
contributions to the affected school and library districts on a periodic
basis not less frequently than annually, who shall hold such
contributions in a special segregated fund.
R
0
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. Repeal.
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 within 10 days
from its passage and approval.
PASSED THIS 26TH DAY OF APRIL, 1989.
AYES: Bolger, Nolan, Teta, Leider, Serritella, Patterson McClatch
Smith
NAYS: None
ABSENT: None
APPROVED THIS 26TH DAY OF APRIL, 1989.
ATTEST: r
CITY CLE�RK
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