HomeMy WebLinkAboutOrdinances - O-77-124 - 11/11/1977 - ESTABLISH DEVELOPER DONATION FEES - LATER REPLACEDW
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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 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 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 within the City
3n 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 school 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
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subdivisions or planned unit developments; and,
WHEREAS, it is hereby determi* that the pres it
"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 develop-
ment as are streets, water, sewers and sidewalks, and that
the City has determined that cash contributions in lieu of
actual land dedication is 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; and,
WHEREAS, notwithstanding the foregoing finding relating
to the "fair market value" of improved land, it is hereby
determined by the City to require cash contributions substantially
less than the amount which would otherwise be produced by a
consideration of all of the aforesaid factors; 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 Section V of Subdivision
Control Ordinance. Section V of the Subdivision Control
Ordinance of the City of McHenry, be and the same is hereby
amended by adding the following thereto as and for paragraph
the subdivider or developer shall be required to pay a cash
contribution per each residential dwelling unit, in lieu of" land'%-',
dedication, for school, park and library purposes in accordance
with the following schedule:
CONTRIBUTION PER UNIT FOR:
TOTAL
TYPE OF RESIDENTIAL
CONTRIBUTION
DWELLING UNIT:
SCHOOLS
PARR
LIBRARY
PER UN17
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
100
715
Townhouse, Row
House, Quadriplex:
1 bedroom $ O $180 $ 50 $ 230
2 bedroom 75 3O0 75 450
3 bedroom 260 390 100 750
The City shall remit the cash contributions to the affected
School District on a periodic basis no less frequently than
annually. Such cash contributions, in lieu of school sites,
shall be held in a special fund by the School District and
disbursed by the School District for use in the acquisition of
land for a school site to serve the immediate or future needs
of children from that subdivision or development or for the
improvement to any existing school site which already serves
The cash contributions in lieu of land dedicat-t
required by this Ordinance shall also be required as a
condition to the annexation of any land to the City and pro-
visions therefor shall be incorporated in any pre -annexation
agreement governing such land.
Section 3. 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 4. Repeal.
All Ordinances in conflict with this Amending
Ordinance shall, to the extent of such conflict, be and they
are hereby repealed.
Section 5. Effective date.
This Ordinance shall be in full force and effect
immediately upon its passage and approval.
PASSED this llth day of November, 1977.
AYES: Nolan, Harker, Datz, Smith, Adams, Schooley, Schaedel.
NAYS: None.
ABSENT: Bolger.
APPROVED this llth day of November, 1977.
ATTEST:
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-%W"§TATE OF ILLINOIS "
' SS. ,
COUNTY OF McHENRY
CERTIFICATION OF PUBLICATION
I, the undersigned, do hereby certify that I an
the duly qualified and acting City Clerk of the City of
McHenry, in the State and County aforesaid ("the City"),
and that I an the keeper of the minutes, journal of pro-
ceedings and other records of the Mayor and City Council
of the City.
I do further certify that on the 11th -day of
November , 19_22_, there was published in pamphlet
form, by authority of the City Council of the City, a
true, correct and complete copy of Ordinance No. 0-124
of the City providing for Amending Section V of the Subdivision
Control Ordinance by adding a paragraph calling for Developer Donations
and that said ordinance as so published was on said date
readily available for public inspection and distribution,
in sufficient number, at my office as City Clerk located
in the City.
IN WITNESS WHEREOF, I have affixed hereto my
official signature and the seal of the City this 9th
day of December 19_L.
( SEAL )