HomeMy WebLinkAboutOrdinances - O-77-125 - 11/21/1977 - ADD DEVELOPER DONATION FEES715944
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,•� :* . so AN ORDINANCE
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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
zommunity 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
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-school schools (9-12)
on 40 acres of land; and,
WHEREAS, it is hereby determined that the fable of
Estimated Ultimate Population, which is attached hereto and
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subdivisions or planned unit developments; and,
;�a WHEREAS, it is hereby determined that the present .. �A'
"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 relatir.z;
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 0 RDA INED 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
a camp in hereby amended by
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subdivision, or a final plat of a planned unit development, the
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subSivider or developer shall be required to pay a
bution per each residential dwelling unit, in lieu of land
dedication, for school, park and library purposes, in accordance
with the following schedule:
TYPE OF RESIDENTIAL
DWELLING UNIT:
Single Family
Dwelling:
3 bedroom or less
4 bedroom
5 bedroom
Apartments:
1 bedroom
2 bedroom
3 bedroom
_Townhouse, Row
House, Quadriplex:
CONTRIBUTION PER UNIT FOR:
TOTAL
CONT—RIDUT IOr
SCHOOLS PARK LIBRARY PER UNIT
$400
$400
$100
$ goo
500
500
125
1,125
600
600
175
1,375
$ 25
$180
$ 50
$ aei5
150
300
75
525
225
390
100
715
1 bedroom $ 0
$180
$ 50
$ 230
2 bedroom 75
300
75
450
3 bedroom 260
390
100
750
The cash contributions required by this paragraph 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
--A cirrh+coPn mnnf he after the final Dlat aDDroval and
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. In those situations where the aforesaid cash contribution
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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 residential units to be subsequently constructed will
contain a minimum of three bedrooms for each such residential
unit, provided, however, that if later an application for
building permit is made for more than three bedrooms, the
applicant shall then be required to pay a supplementary cash
contribution 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 single family dwelling unit.
A full and complete notice, approved by the City, regarding
the aforesaid cash contribution requirements shall be affixed
to and recorded with any final plat of subdivision and shall
be set forth in any planned unit development ordinance enacted
by the City.
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
-A a; ')-%.r +hA gnhnnl W strict for use in the acquisition
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serves such needs, but not for the construction of any school
building or additions thereto.
Section 2. Dedications and cash contributions also
applicable to annexations.
The cash contributions in lieu of land dedications
required by this Ordinance shall also be reauired as a
condition to the annexation of any land to the City and
provisions therefor shall be incorporated in any pre -annexation
agreement governing such land.
Section -i. 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 21st day of November, 1977.
AYES: Bolger, Nolan. Harker, Datz. Smith, Adamg. Scha .d .1 , Scbonley-
NAYS : None.
ABSENT: None.
715944
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,
STATE OF ILLINOIS
SS.
COUNTY OF McHENRY
CERTIFICATION OF PUBLICATION
I. the undersigned, do hereby certify that I am
the duly qualified and acting City Clerk of the City of
McHenry, in the State and County aforesaid ("the City"),
and that I am 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 21 st -day of
November , 19__ZL_3 there was published in pamphlet
form, by authority of the City Council of the City, a
true, correct and complete copy of Ordinance No. 0-125
of the City providing for Amending Section V of the Subdivision
Control Ordinance by adding a paragraph calling for Developer Donations
revising 0-124.
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 , �9 77
(SEAL)