HomeMy WebLinkAboutOrdinances - MC-91-561 - 05/01/1991 - SCO Dedication of parkland library school site donORDINANCE NO. MC-91-561
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 foreseeable 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 and one-half acres 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,
published by the Illinois School Consulting Service in 1989 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 acres; and,
WHEREAS, it has been found and determined that the locations of park and recreation
and school sites and provision for library and fire district 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 and fire district
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
Payments of Fees in Lieu Thereof. and Payment of
Cash Contributions for Library and Fire District
Pu=ses_
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 and fire district purposes, in accordance with the following provisions:
1. Criteria for Requiring Park and Recreation land
Dedication:
(a) ftuirements 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 and one-half 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 and one-half 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.
G
The attached Table of Estimated Ultimate Population per dwelling unit of
population density, published in 1989 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 for park and recreation purposes.
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 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) Denser Formula.
The attached Table of Estimated Ultimate Population per dwelling unit of
population density, published in 1989 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 for school purposes.
3. Criteria for Requiring a Contribution in Lieu of
Park and School Sites: Fair Market Value.
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.
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
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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,
fire dot
The cash contribution per each residential dwelling unit for park, libraryjfand
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:
TOTAL
TYPE OF RESIDENTIAL FIRE CONTRIBUTION
DWELLING UNIT SCHOOLS PARK LIBRARY DISTRICT PER UNIT
Single Family Dwellings
2 bedroom or less
$1,598
$ 891
$ 200
$ 200
$2,889.00
3 bedroom
2.600
1,289
200
200
4,289.00
4 bedroom
3,600
1,653
200
200
5,653.00
5 bedroom or more
3,700
1,619
200
200
5,719.00
Apartments
Efficiency
-0-
612
200
200
1,012.00
1 bedroom
-0-
780
200
200
1,180.00
2 bedroom
643
788
200
200
1,831.00
3 bedroom or more
2,900
1,254
200
200
4,554.00
Townhouse, Row
House, Quadriplex
1 bedroom
-0-
481
200
200
881.00
2 bedroom
1,343
933
200
200
2,676.00
3 bedroom
1,522
1,071
200
200
2,993.00
4 bedroom or more
3,662
1,501
200
200
5,563.00
n
W
(b) Time of Payment.
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 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 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.
• •rt• •. •
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.
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(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
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 , 19
OWNER
(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.
Sixty-five percent of the cash contributions for school purposes shall be
remitted to the grade school district affected by said subdivision development and thirty-five
percent shall be remitted to the ted high school district. The City shall remit the cash
contributions to the affected scho—oTiOna library districts on a periodic basis not less frequently
than annually, who shall hold such contributions in a special segregated fund.
5. Objection to Table of Estimated Ultimate Population.
In the event a subdivider or developer files a written objection to the Table of
Estimated Ultimate Population, adopted hereby, 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.
6. Periodic Review.
This paragraph H is subject to annual Council review in February of each year.
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. R=al.
All ordinances in confect with this amending ordinance shall; to the extent of such
conflict be and they are hereby repealed.
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This ordinance shall be in full force and effect within 10 days from its passage and
approval.
PASSED THIS 1ST DAY OF MAY, 1991.
AYES: Teta. Leider. Serritella. Patterson. McClatchey. Smith
Bolger and Donahue
ABSENT: None
APPROVED THIS 1ST DAY OF MAY, 1991.
ATTEST:
MORD5291.1
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