Loading...
HomeMy WebLinkAboutG-1438 Ordinance No . G-1438 AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE OF ELGIN , ILLINOIS TO COMPEL CONTRIBUTIONS EY SUBDIVIDERS OF PUBLIC SCHOOL SITES OR "' FUNDS IN LIEU THEREOF. WHEREAS , it has been found and determined, and it is hereby found and determined , that the subdivision of real estate for residential use generates increased numbers of students to be educated in the public elementary and secondary schools of the school districts situated wholly or partially within th boundaries of such proposed subdivisions ; and WHER AS , under the Illinois law, there is a period of time whic lapses between the time real estate is rezoned , subdivided, annexed , and/or improved and the time said real estate is assessed at the increased value- which results from said rezoning , subdivision , annexation , and/or improvement ; and WHEREAS , such a lag in the collection of real estate taxes . in Illinois at the new assessed valuation is primarily due to archaic laws covering the time when real estate can be assessed , which is once a year only; and WHEREAS , demographic studies of the proposed residential portions of proposed subdivisions can hP readily and.,, w,,.. S C E c��t i i i cai iy conducted to determine the. number of elementary and secondary school age children to be generated therefrom , being therefore directly attributable to the activity of the subdivider and . em the proposed subdivision; and WHEREAS , the school districts hereinafter set forth have adopted , as official policy of such school districts ( 1) certain school classifications , ( 2) maximum recommended numbers of students for each such school classification , and ( 3) minimum recommended numbers of acres for each school site as to each school classification , which recommended school site sizes are either at or below the said minimum recommended school site sizes as published by the Office of the Superintendent of Public Instruction of the State of Illinois . Said school districts , and their respective policies as aforesaid, are as follows , to-wit : Elgin Unit School District U-46 . (1) School classifications (1) Elementary , K - 6 • (ii ) Junior High , 7 - 9 (iii ) Senior High , 10 - 12 . (2) Maximum recommended number of students for each such school classification c (i) Elementary K - 6 - 600 students (ii) Junior High , 7 - 9 -. 1 ,200 students 1. (iii ) Senior. High , 10 - 12 - 2 ,500 students (3) Minimum recommended number of acres for each school site under such school classification ( i ) Elementary K - 6 - 10 acres per school site r► ( ii ) Junior High , 7 - 9 22 acres per school site ( iii ) Senior High , 10 - 12 - 50 acres per school site School District No . 78, Naperville , Illinois ( 1) School classifications by grades (i ) Grades Kindergarten to 5th grade ( K - 5) (ii ) Grades 6th through 8th (6 - 8) ( 2) Maximum recommended number of students for each such school classification ( i ) Grades Kindergarten to 5th grade ( K-5) 600 students (ii ) Grades 6th through 8th ( 6-8) - 900 students (3) Minimum recommended number of acres for each school site under such school classification ( 1 ) Grades Kindergarten to 5th grade ( K- 5) - 10 acres ( ii) Grades 6th through 8th ( 6-8) - 19 acres School District Nn 107 , Naperville , I l l i not s ( 1) School classifications by grades e (i ) Grades 9th through 12th (9- 12) ( 2) Maximum recommended number of students for each such school classification (i ) Grades 9th through 12th (9 - 12) - 2 ,300 students (3) Minimum recommended number of acres for each school site under such school classification (i ) Grades 9th through 12th (9-12) - 48 acres and , WHEREAS , it is clear that the development of subdivisions within and without the city limits of the City of Elgin , Illinois produces a measurable impact of great financial magnitude , directly and specifically attributable thereto , upon all taxing - entities , partially or wholly situated within the boundaries of such subdivisions , and most especially felt by the school districts so situated , and that therefore it is deemed advisable r _ _ _ _ _ • r - and necessary for the best interests of the City of Elgin , Illinois that said city be fully apprised of such financial impact as it affects such school districts and that it take all appropriate and reasonable steps as may be necessary to reasonably condition any annexations , preannexation agreements , and approval of Plats of Subdivision , as authorized by law , to insure that the unique and specific measurable burdens cast upon such tax entities directly attributable to such subdivision shall , at least in part and in reasonable degree, be the obligation of the subdividers and of those who purchase therefrom. NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN , COOK AND KANE COUNTIES , ILLINOIS . Section 1 . That Chapter 22 of the City Code of Elgin , entitled "Plats , Subdivision Regulations , Surveys and Additions " be, and the same hereby is, amended to compel contributions by subdividers of public school sites or funds in lieu thereof , in the following manner , to-wit : By adding to said Chapter 22 of the City Code of Elgin the following additional section: "22 .9a . Contributions of Public School Sites or Funds In Lieu Thereof (a) Definitions : Whenever the following words are used herein , such words shall be deemed to have the following meanings , to-wit: ( 1) City: The City of Elgin , Illinois . (2) City Council : The City Council of the City of Elgin , Illinois. (3) Plat: A map or plan of a subdivision and any accompanying material presented to the City Council for approval under the applicable ordinances of the City and the applicable statutes pertaining to plats of the State of Illinois . (4) Petitioner: The person or persons who have filed the formal requests with the City for approval of any such plat. (5) Improved Land: Land planned for residential use and located within the subdivision in concern , after installation of all improvements such as sewers , water supply , street improvements , pedestrian ways , public utilities, as may be required throughout the subdivision under the applicable ordinances of the City to serve any such subdivided residentially classified land. (6) School District: A public school district situated wholly or partially within the area depicted in any such Plat. (7) Subdivider : Any person commencing proceedings for a subdivision. -- _- (8) Subdivision : A described tract of land which is to be , or has been , divided into two or more lots or parcels , any of which resultant parcel is less than five acres in area, for the purpose of transfer of ownership or building development; tow or , if a new street is involved, any division of a parcel of land . The term includes resubdivision ' and , where it is appropriate to the context , relates to the process of subdividing or to the land subdivided . (9) School Demographic Study: A study of the estimated population growths of the land depicted in a Plat , with special emphasis upon the estimated numbers of children to be generated from the families to reside in the various dwelling units proposed for such land , and with special estimates as to the estimated percentage of child generation per various types of proposed dwelling units . (b) That for the purpose of casting upon the subdivider the burden of at least a portion of the financial burden on the school districts which is specifically and uniquely attributable to his activity , it is hereby provided that no final plat shall be approved until such time as the Petitioner shall have fully complied with the provisions of this ordinance by either ( 1 ) contributing land for school sites to the school districts situated partially or wholly within the area depicted in such Plat , or ( ii ) by contributing funds , in lieu of uuniributing land , to any such school district. Any school district shall be entitled to the protection of this Ordinance , if, prior to the final approval of any such Plat by the City , such school district shall file with the City Clerk a certified copy of a duly adopted Resolution of the Board of Education or Board of Directors of any such school district , setting forth the official policy of such school. district covering the matters hereinafter specified and , provided further , that the City , prior to such final approval of such Plat , finds that the policy of such school district as to school classifications , maximum recommended number of students as to each school classification , and minimum recommended number of acres needed for school sites as to each school classification is fair and reasonable ands in accordance with state standards as published by the State Superintendent of Public Instruction as to minimum recommended number of acres needed for school sites . Such official policy of such school district shall cover and include the following : ( 1) A listing of the various school classifications of such school district by grades , (2) The maximum recommended number of students as to each such school classification . (3) The minimum recommended number of acres needed for school sites as to each such school or classification . (c) That the City has found and determined , and does hereby find and determine , that the official policy of Elgin Unit School District U-46 , described in the preamble of this Ordinance , having been duly filed with the City and setting forth such district ' s school classifications and its maximum recommended number of students as to each such school classification and the minimum recommended number of acres needed for school sites as to each such school classification , is fair and reasonable in accordance with the standards as to recommended school site sizes as published by the State Superintendent- of State Instruction of Illinois . (d) That prior to the final approval of any Plat , there shall be presented to the City Council by the Petitioner, concurrently with the Tentative or Preliminary Plat , a school demographic study in reference to such tentative or preliminary plat and the land uses therein proposed , such study to include , but not limited thereto , the following : ( 1) The number of dwelling units authorized to be constructed upon final approval of the Plat . (2) The number and types of dwelling units authorized to be constructed upon final approval of the Plat , such as single-tawny , multiple-family , two- family , and the density of such proposed dwelling units . (3) Estimates as to the number of children to be generated from the different types of dwelling units . (4) Estimates of the numbers of children to be generated in each of the school classifications of each school district situated wholly or partially within the area depicted in any such Plat . - (5) Petitioner ' s estimates of the added acreage necessitated for each school classification of each school district for school sites resulting from the estimated additional children to be generated from the subdivision , utilizing therein the Petitioner ' s own demographic study and the respective school district ' s official policy as filed with and approved by the City as to ( 1 ) the various school classifications of such school district ; ( 2) the maximum recommended number of students for each school classification; and ( 3) the minimum recommended number of acres for school sites under each such school classification . Such estimates by Petitioner of added acreage requirements shall be herein referred to as the "acreage allotment" as to each such school classification. Final determination of such acreage allotment shall be made by the City Council based upon such demographic information submitted by the Petitioner and from other sources which may be submitted to the City Council by the school district or others . Such acreage allotment for each such school classification shall be determined by obtaining the ratio of ( i ) • estimated children to be served in each such school classification over the ( ii ) maximum recommended *_ number of students to be served in each such school classification , as approved by the City , and then applying such ratio to the ( iii ) said minimum recommended number of acres for a school site under each such school classification , as approved by the City. The product thereof shall . be the acreage allotment , or acres , deemed needed by each school district so as to have sufficient acres for school sites to serve the estimated increased children in each such school classification . (e) Upon submission to the City Council of the school demographic study by the Petitioner and by the school district , in the event such a study is to be submitted by any such district , the City Council shall make a determination as to the number of children to be generated from such subdivision in each of the school classifications in concern and the City Council shall then determine the acre-age allotment for each such school classification of each school district in accordance with the basic formula for determination of acreaoP allotment as set forth in paragraph ( d) . Upon making its determination as to acreage allotment for each such school classification, the City Council shall notify the Petitioner of such determination of dcreaye allotment as representing the burden uniquely and specifically attributable to the development of such subdivision , and the Petitioner shall thereupon be required to contribute the number of acres which is determined to be the acreage allotment and provision shall also be made by agreement for the subsequent improvement of said land so that the site or sites will be improved land as herein defined . Such contributions to each school district as so determined by the City Council . shall be made by either a legal dedication of such acreage allotment, and the land represented hereby, by a valid Plat so dedicating such property to said school district , or by conveying fee simple title thereto by separate instrument of conveyance . Conveyance of such title shall be a condition precedent to the approval of such Plat , provided , however , that , alternatively , if it should appear to the City Council prior to said final approval of such Plat , that it would not be in the best interests of the school districts to require the dedication of all or a portion of .school sites within a given subdivision , the City Council shall proceed under the provisions of paragraph ( f) hereon and shall thereunder require the Petitioner to contribute funds , in lieu of such acreage allotments , to such school districts . _ . • Concurrently with the said dedication or conveyance of such acreage allotments , the Petitioner shall also enter " into an agreement with the City whereby petitioner shall agree to install and pay for the improvements required to make the site improved land as herein defined pursuant to the applicable ordinances of the City , in order that each such donated acre , or portion thereof, shall be improved with those improvements required for other lots or lands within the subdivision. The completion bond required by the subdivision ordinances of the City for the completion of the installation of all public improvements shall include the estimated costs of the improvements hereinbefore described . (f) That it is recognized that school sites may not , . for many varied reasons , be most appropriately located within a given subdivision , but that nevertheless each subdivision with residential units therein does cast the same measurable impact upon each school district in regard to the total number of acres needed for construction of school buildings within each school classification . Accordingly , in the event the City Council determines and finds that it is not in the best interests of the school district to require any such dedication or conveyance of land . then in that event , the City Council shall then require Petitioner to pay to any such school district , in lieu of such acreage r allocation for each such school classification , a reasonable sum of money found to be the fair cash market value of the total acreage allotment , said sum to be determined by multiplying the number of acres by the fair cash market value of each acre of improved land . Such sum of money is hereinafter sometimes referred to as "in lieu funds. " The City Council upon determining the amount of such "in lieu funds" due from such Petitioner , shall require that such funds be paid to any such school district either in lump sum prior to the approval of any such Plat , or alternatively, that such funds be paid , wholly or partially , on an installment basis as occupancy of each family unit occurs . Such installment payments , to be paid when a family unit is occupied , shall be determined as follows: a "per student allocation" shall be determined by dividing ( i ) the estimated number of children from such subdivision who shall be served by each school classification of each school district as determined by the City Council into ( ii ) the total "in lieu funds " found to be due in lieu of the acreage allotment pertaining to such school classification . ' The quotient thereof shall be the "per student allocation" for each such school classification of lk each school district. Thereupon , the City Council shall determine the percentage of estimated children to be served by each such school classification from each family unit , and shall apply such percentage against the e."► per student allocation for each school classification of each school district , thereby determining the payment' to be made by Petitioner as to such school classification when each family unit is occupied . If the City Council does determine and find that any such "in lieu funds" shall be paid by the Petitioner on an installment basis as each family unit is occupied , the Petitioner shall be then required to inform the City Clerk in writing within five ( 5) days of any such initial occupancy of a family unit and to also submit any such payment concurrently therewith to the City Clerk for ultimate payment to the appropriate school district . The City may require that the Petitioner enter into an agreement with the City prior to final approval of the Plat wherein the Petitioner shall agree to make payments wholly or partially according to the installment method as herein set forth . (g) That if any provision of this Ordinance , or the application thereof to any person or circumstances is • dcr1 Mrnd invalid bpi a court of competent jurisdiction , such partial iovaiidiiy shdli not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be severable . Section 2 . That all ordinances or parts thereof in conflict herewith be , and the same hereby are , repealed and of no further force and effect, Section 3 . That this ordinance shall be in full force and effect from and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council . E . C . Alft , Mayor Presented : April 14, 1971 Passed: April 14, 1971 Vote: Yeas Nays 0 Recorded : April 14, 1971 Published : April 14, 1971 • Attest: Margaret A. Shales , City Clerk • • P U B LfiEntiel.ow C S C H O O L S 4 SOUTH GIFFORD STREET • ELGIN, ILLINOIS 60120 Area Code 312-741-6800 ADMINISTRATIVE OFFICE May 14, 1971 Mrs. Margaret Shales, City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mrs. Shales: This letter is to certify that on December 14, 1970, the Board of Education, School District No. U-46, unanimously approved a Resolution on "Policy on School Site Size and Criteria Includ- ing Standards for Measuring Student Yields for Elgin Unit School District U-46." A copy of this Resolution is being sent to you in accord with Ordinance G-1438 which states that a certified ellik copy of a duly adopted Resolution be filed with your office. I hereby certify that this action was taken by the Board of Edu- cation on December 14, 1970. Very s ncerely yours, Robert F. Skelly 71k ( RFS:bem Assistant Superintendent Enc. r ,i ELGIN PUBLIC SCHOOLS Elgin, Illinois December 14, 1970 rPOLICY ON SCHOOL SITE SIZE AND CRITERIA INCLUDING STANDARDS FOR MEASURING STUDENT YIELDS FOR ELGIN UNIT SCHOOL DISTRICT U-46 The area served by Elgin Unit School District U-46 is rapidly growing in population. The size and complexity of proposed new housing developments within the area dictate the need for more thorough planning than has been required in the past and cooperative action by the municipal governing bodies involved. At the present time the cost of providing new school facilities is approximately as follows: Elementary School - $2,000 per student Junior High School - $2,800 per student Senior High School - $3,600 per student Considering the rapid growth of student enrollments, need for appropriate plan- ning for the location of school sites and ever increasing cost of providing facilities the Board of Education has, therefore, reviewed the needs related to school sites and conditions, and has adopted the following policies and criteria which may be used as guidelines for the contribution of land and/or cash for school sites. General Conditions and Criteria 1. Each school site will be made available to members of the community to the maximum extent possible within the limits set by school use and financial resources. 2. The use of adjacent land will be considered in selecting a site to assure safety and a pleasant school environment. 3. Sites must be of shape and contour to allow for the construction of build- ings and provision of outdoor space including level areas for physical education and athletics. Access to a site shall be available on fully improved streets capable of accommodating the traffic added by the school placed on the site. All utilities and improvements must be available to the site at the time that construction of the school is scheduled to commence. eft 4. The portion of the site upon which the school will be placed must be well [[ drained and suitable for conventional construction. All of the acreage in the sites must drain promptly and properly. 5. The school district will from time to time suggest specific sites for inclusion on the official plan or land use maps of the various cities, villages and counties involved. It is suggested that these designations be protected from faulty interpretation by the following statement: "The site locations shown are diagrammatic only, and schools will be located within a reasonable distance from the designated spot." Site Size The Board of Education of Elgin Unit School District U-46 operates a district organization of elementary schools with grades kindergarten through 6, junior high schools of grades 7 - 9 and senior high schools for grades 10 - 12. Site size for each level of school organization shall be governed by the following criteria: Approximate Minimum Acres Required No. of Pupils Acres per rahType of School Site Size Over Minimum Size Each School Site Elementary K-6 4 Acres 1 Acre per 100 Students 600 10 Junior High 7-9 10 Acres 1 Acre per 100 Students 1200 22 Senior High 10-12 25 Acres 1 Acre per 100 Students 2500 50 Standards for Determining Student Yields In order that the student population impact of a given housing development may be measured in a reasonable and equitable manner, the Board of Education has adopted the following yield per dwelling standards which are subject to annual review. In this manner the developer of a single dwelling project and the de- veloper of a 1000-dwelling project may each be caused to bear his own fair share of the school site burden through the contribution of fully developed lands (fully developed meaning all off-site improvements such as streets, gutters, sewer, water and electrical supply) or cash in lieu thereof. r ' The amount of cash to be contributed in lieu of land shall be based upon the cost of fully developed site space (as described in the preceding paragraph). The amount shall also reflect the given development's impact measured by student yield and interpreted in acreage requirements for elementary, junior high and senior high school sites. r r Public School Student Yields Per Dwelling Unit • Elgin Unit District U-46 Type of Unit Elementary Junior High Senior High School Total Student Yield Grades K-6 Grades 7-9 Grades 10-12 Grades K-12 5-10 Years 11-14 Years 15-17 Years 5-17 Years Single Family: 3 Bedroom .89 .38 .24 1.51 4 Bedroom 1.04 .46 .32 1.82 • 5 Bedroom 1.21 .66 .56 2.43 Townhouses: 2 Bedroom .37 .24 .19 .80 3 Bedroom .61 .39 .30 1.30 4 Bedroom .88 .44 .36 1.68 Low Density Apartments: (to 15/acre) Efficiency -- -- -- -- 1 Bedroom .06 .013 .01 .083 2 Bedroom .23 .087 .05 .367 3 Bedroom .50 .18 .173 .853 High Density Apartments: (16+/acre) Efficiency -- -- -- __ 1 Bedroom .03 .012 .005 .047 2 Bedroom .075 .032 .022 .129 3 Bedroom .172 .069 .081 .322