HomeMy WebLinkAboutOrdinances - O-77-126 - 12/05/1977 - ESTABLISH POLICY PRESERVE OPEN SPACE AND SCHOOL SI0-126
0-1'77-12�
AN ORDINANCE
WHEREAS, during the past ten years the City of McHenry
has experienced a rapid population increase due in part
to the 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
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 Table of
Estimated Ultimate Population, which is attached hereto
and incorporated herein by reference, is generally in-
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 heretofore found and determined
by the City Council that each subdivider or developer of
a planned unit development and owners annexing any land
to the City shall be required to pay a cash contribution
per each residential dwelling unit for school, park and
library purposes in accordance with the same schedule of
payments as is hereinafter set forth in Section 1 of this
Ordinance; and,
WHEREAS, it is the judgment and determination of the
City Council that the construction of residential dwelling
units anywhere within the City will have an impact upon
park, recreational, school and library services, the same
as in the case of newly subdivided or annexed land for
which a cash contribution has been made under the terms
and provisions of paragraph H of Section V of the City's
Subdivision Control Ordinance; 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 sub-
stantially 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:
by adding the following thereto as and for Section 7-1.q:
Section 7-1.q : As a condition of approval of an
application for a residential building permit for the
construction of any residential dwelling unit anywhere
in the City on land for which a cash contribution has not
been previously paid under the terms and provisions of
Paragraph H of Section V of the City's Subdivision Control
Ordinance, the applicant for such residential dwelling
unit building permit shall be required to pay for school,
park and library purposes, a cash contribution, per each
residential dwelling unit to be constructed, calculated
in accordance with the following schedule:
TYPE gZ RESIDENTIAL
DWELLING UNIT-
Single Family
r
Dwelling:
3 bedroom or less
4 bedroom
5 bedroom
Apartments:
1 bedroom
2 bedroom
3 bedroom
Townhouse. Row
House. 4uadriplex:
1 bedroom
2 bedroom
3 bedroom
CONTRIBUTION PER UNIT FOR:
TOTAL
CONTRIBUTION
S HC OOLS PARK LIBRARY PER UNIT
$400
$400
$100
$ 900
500
500
125
1,125
600
600
175
1,375
$ 25
$180
$ 50
$ 225
150
300
75
525
225
390
100
715
$ 0
$180
$ 50
$ 230
75
300
75
450
260
390
100
750
The cash contributions required by this paragraph shall
to be constructed and the number of bedrooms specified
in said application.
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 such needs, but
not for the construction of any school building or additions
thereto.
Section 2. Severability.
If any provisions of this Ordinance, or the applica-
tion thereof to any person or circumstances is declared
invalid by a court of competent jurisdiction, such partial
invalidity shall not affect other provisions or applica-
tions 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
immediately upon its passage and approval.
PASSED this" —day of December, 1977.
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STATE OF ILLINOIS
- COUNTY OF MCHENRY SS.
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 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 5th -day of
December , 19 77 , 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
Citv Proaerty.
Developers Donation Fees for Vacant
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 77
F-T
WFOA
.T
(SEAL)