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HomeMy WebLinkAboutG-1642 Ordinance No. G-1642 f• AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE OF ELGIN, ILLINOIS TO COMPEL CONTRIBUTIONS BY SUBDIVIDERS OF PUBLIC SCHOOL SITES OR FUNDS IN LIEU THEREOF. WHEREAS, the City of Elgin is a home rule unit as defined by the Constitution of the State of Illinois of 1970; and WHEREAS, the City of Elgin may exercise any power and perform any function pertaining to its government not specifically limited; and WHEREAS, 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 the boundaries of such proposed subdivisions; and WHEREAS, a significant period of time lapses between the time real estate is rezoned, subdivided, annexed, and/or improved and the time said real estate is assessed based upon its increased valuation resulting from said rezoning, subdivision, annexation, and/or improvement; and WHEREAS, a further significant period of time lapses between the collection of real estate taxes based upon the new assessed valuation; and WHEREAS, demographic studies of the proposed residential portions of proposed subdivisions can be readily and scientifically 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 the proposed subdivision; and WHEREAS, School District U-46 has adopted, as the official policy of said school district standards relating to: (1) certain school classifica- tions, (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; and said 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 Instruc- tion of the State of Illinois. Said standards are as follows: Elgin Unit School District U-46 (1) School classifications (i) Elementary, K - 6 (ii) Junior High, 7 - 9 (iii) Senior High, 10 - 12 (2) Maximum recommended number of students for each such school classification (i) Elementary K - 6 - 600 students (ii) Junior High, 7 - 9 - 1,200 students (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 (ii) Junior High, 7 - 9 - 22 acres per school site (iii) Senior High, 10 - 12 - 50 acres per school site 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 and necessary in the best interest 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 Ordinance G-1438, passed April 14, 1971 amending Chapter 22 of the City Code of Elgin, entitled "Plats, Subdivision Regula- tions, Surveys and Additions" be, and the same hereby is, repealed. Section 2. That Chapter 22 of the City Code of Elgin, entitled "Plats, Subdivisions, Surveys and Additions", as amended, is hereby further amended by adding 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 installa- tion 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 ,1 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; 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 sub- dividing or to the land subdivided. (9) School Demographic Study: A study of the estimated popula- tion growths of the land depicted in the 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 (i) 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 contributing 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 and 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-family, 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 00' 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 acreage allotment for each such school classification of each school district in accordance with the basic formula for determination of acreage 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 acreage 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 sub- sequent 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 instru- °` ment 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 r 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 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 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 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 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" All 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 there- with to the City Clerk for ultimate payment to the appropriate school district. The City may require that the Petitioner enter into an agree- ment 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 there- of 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 or application thereof, and to this extent the provisions of this Ordinance are declared to be severable. Section 3. That all ordinances or parts thereof in conflict herewith be, and the same hereby are, repealed and of no further force and effect. Section 4. That this ordinance shall be in full force and effect from 016, and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council. W. E. Rauschenberger (Signature) W. E. Rauschenberger, Mayor Presented: December 12, 1973 Passed: December 12, 1973 Vote: Yeas 5 Nays 0 Abstained 2 Recorded: December 12, 1973 Published: December 12, 1973 Attest: ` pargarPt A. ].i k (Sig toe) Margaret A. Clink, City Clerk r • • r