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HomeMy WebLinkAboutG13-90 rulik Ordinance No. G 13-90 AN ORDINANCE AMENDING TITLE 18 ENTITLED "SUBDIVISIONS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting Chapter 18.32 entitled "Public Use Areas and Public Schools". Section 2. That Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: George VanDeVoorde , Mayor Presented: February 14 , 1990 Passed: February 14 , 1990 Vote: Yeas : 7 Nays : 0 elbk Attest : Marie Yearman , City Clerk r elow Title 18 SUBDIVISIONS Chapters: 18. 04 General Provisions 18 . 08 Definitions 18 . 12 Plan and Plat Submission Procedure 18. 16 Preliminary Plat 18 .20 Final Plat 18.24 Design Standards 18 .28 Required Improvements 18 . 32 Development Contributions 18 . 36 Stormwater Control 18. 40 Erosion and Sedimentation Control 18 . 44 Fees and Permits 18 . 48 Variations and Exceptions 18 .52 Violation and Penalty r r Chapter 18 .32 DEVELOPMENT CONTRIBUTIONS Sections: 18. 32 .010 Compliance with chapter required. 18. 32 .020 Criteria for determining school site contribution. 18 . 32 .030 Criteria for determining park site contribution. 18 . 32.040 Criteria for determining water system contribution. 18 .32 .050 Determination of land value and distribution of cash contribution. 18 .32 . 060 Dwelling unit population formula . 18 . 32.070 Reservation of additional land. 18 . 32 .080 Combining with adjoining development. 18 . 32 . 090 General site standards 18 . 32 . 100 School site standards. 18 .32 . 110 Contribution or dedication as a condition of annexation. 18 .32 .010 Compliance with chapter required. Prior to or concurrent with the approval of a final plat of subdivision or a final plat of a planned unit development, each subdivider or developer shall make a cash contribution for school site, park site and water system capital improvements to serve the immediate and future needs of the development. Land " dedication in lieu of cash contribution or a combination of both, at the option of the city and in accordance with the criteria and formulas set forth in this chapter, may be accepted. For developments that receive final plat approval of a geographic part or parts of the area included in the preliminary plat and proceed in phases, and for which a cash contribution is required; the cash contribution shall be payable on a per acre basis for the area contained within each phase of the development. Amendments to an approved final plat of subdivision or a final plat of a planned unit development shall require compliance with this chapter to the extent that such amendment results in a greater demand on the school system, the parks system or the water system. 18 . 32 . 020 Criteria for determining school site contribution. The following criteria shall govern the calculation of the school site contribution: A. Requirement and Population Ratio. The ultimate number of students to be generated by the subdivision or planned unit development shall be directly related to the contribution of land required for a school site. The school site contribution requirement shall be determined by obtaining the ratio of the following: (1) estimated children to be served in each school classification over the (2) maximum eft recommended number of students to be served in each such school classification as stated in this section and then applying such ratio to the (3) recommended number of acres for a school site of each school classification as stated in this section. The product thereof shall be the acres of land deemed needed to have sufficient school site land to serve the estimated increased number of children in each such school classification. The school site contribution shall be the cash amount equal to the product of the number of acres required for school site times the value of land per acre established in this chapter. B. School Classification and Size of School Site. School classifications and the size of school sites within the city shall be determined in accordance with the following criteria: Minimum Number Maximum Number of Acres of Land of Students for Each School School Classification Each Such School Site of Such by Grades Classification Classification Elementary schools or 600 11 grades kindergarten through five Junior high schools or 1 , 200 29 grades six through eight High schools or grades 2 , 500 55 nine through twelve C. Location. Where the dedication of land is required in lieu of a cash contribution, the official plan and the standards adopted by the affected school district shall be used as guidelines in locating sites. 18 .32 . 030 Criteria for determining park site contribution. The following criteria shall govern the calculation of the park site contribution: A. Requirement and Population Ratio. The ultimate population to be generated by the subdivision or planned unit development shall be directly related to the contribution of land required for a park site contribution. The park site contribution requirement shall be determined by obtaining the ratio of the following: (1) estimated population to be served by the park system over (2) one thousand (1 ,000) and then applying such ratio to the (3) sum of the recommended number of acres of park site for each park classification as stated in this section. The product thereof shall be the acres of land deemed needed to have sufficient park site land to serve the estimated increased population. The park site contribution shall be the cash amount equal to the product of the number of acres required for park site times the value of ruk land per acre established in this chapter. B. Park Site Classification and Acreage per Population. Park site classifications and the minimum acres of park site per one thousand (1 ,000) population shall be determined in erk accordance with the following criteria : Size Range Minimum Acres Type of Park (Minimum) Per 1 ,000 Pop. Play lot 1 acre 1 .0 Neighborhood park 3-20 acres 1.5 District park 20-50 acres 2 .5 Community park 50-200 acres 5.0 Total 10 . 0 C. Location. Where the dedication of land is required in lieu of a cash contribution, the Comprehensive Plan and/or the "Standards by Types of Recreation and Park Areas" as adopted by the city shall be used as guidelines in locating sites. Factors affecting the location of required park site dedication shall include but not be limited to: 1. Accessibility to population served. 2 . Existence of mature vegetation. 3 . Proximity to permanent and seasonal waterways. 4 . Existence of or proximity to unique topographical features. 5 . The value of the site as an extension of existing elements of the park system. D. Credit for Private Park Site. Where a private park site is included in a proposed subdivision or planned unit development, credit toward the required park site contribution may be given. The extent of such credit shall be at the sole discretion of the City Council and shall be based upon the needs of the projected residents in conformance with the total park plan for the general area. Where a private park site credit is given, the credit shall be subtracted from the park site contribution requirement as established in this chapter. The developer or subdivider shall guarantee that the private park shall be permanently maintained for such use by the execution of appropriate legal documents. 18 .32 .040 Criteria for determining water system contribution. The following criteria shall govern the calculation of the water system contribution: A. Requirement and Population Ratio. For residential developments, the ultimate population to be generated by the emb. subdivision or planned unit development shall be directly related to the amount of the cash contribution required for the water system. The water system contribution requirement shall be determined by obtaining the product of the following: (1) estimated population to be served by the water system times (2) the average daily residential consumption and then applying such product to the (3) net per gallon cost of water system capital improvements which benefit the development; after adjusting for water system credit as established in this section. B. For commercial and industrial developments, the gross acreage included in the subdivision or planned unit development shall be directly related to the amount of the cash contribution required for the water system. The water system contribution requirement shall be determined by obtaining the product of the following: (1) development acreage to be served by the water system times (2) the average daily consumption for the proposed land use and then applying such product to the (3) net per gallon cost of water system improvements required to serve the development; after adjusting for water system credit as established in this section. C. Water System Credit. Water system contribution credit shall be given for future payment toward capital debt and dedication of land for water system sites. 1. Credit shall be given for the present value of the future stream of water service payments from the development attributable to debt service for water service system capital improvements which do not benefit the development. The credit shall be based on the annual charge per average daily gallon of consumption. 2. Credit shall be given for the dedication of land for sites for water system capital improvements. The credit shall be the cash amount equal to the product of the number of acres required for the water system site times the value of land per acre established in this chapter. 3. The sum of all water system credits shall not exceed the total water system contribution. D. Information Sources. Calculations for required water system contribution shall be based on the dwelling unit population formula as established in this chapter, water consumption data from the City of Elgin Water System Distribution Analysis and the current population projections report provided by the City of Elgin Planning Department dated February 10, 1989 . 18 . 32. 050 Determination of land value and distribution of cash contribution. A. Determination of Land Value. The cash contribution for school site and park site, and the credit for land dedication for water system capital improvements shall be based on the value of an acre of land in the area improved as specified in this chapter. It has been determined that the present value of such improved land in and surrounding the city is twenty-six thousand five hundred dollars ($26 ,500) per acre. The land value shall be adjusted upward at an annual rate of six percent (6%) effective January 1 , 1991 , and annually thereafter. The value shall be used in making any calculation in this chapter unless the subdivider or developer files a written objection thereto. In the event of any such objection, the developer shall submit an independent appraisal showing the value of such improved land in the area of the proposed development. Final determination of said value per acre of such improved land shall be made by the City Council based on such information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the school district or others. B. Distribution of Cash Contribution. The cash contribution for park site shall be held by the city solely for the acquisition or improvement of parks, as classified in this chapter, to serve the immediate and future needs of the residents of that subdivision or development; or for the improvement or expansion of elements of the local park system already serving such needs. The cash contribution for school site shall be collected by the city and forwarded from time to time to the school district to be used in the funding of the acquisition of land for school sites or for other purposes as permitted by law. The cash contribution for the water system shall be held by the city for water system capital improvement projects which benefit the subdivision or development. 18 . 32 .060 Dwelling unit population formula . Calculation of required cash contribution or land dedication shall be made in accordance with the population densities contained in the most recently revised Table of Estimated Ultimate Population Per Dwelling Unit, published by Associated Municipal Consultants, Inc. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population, a demographic study shall be submitted showing the estimated additional population to be generated from the subdivision or planned unit development and, in that event, final determination of the density formula to be used in such calculations shall be made by the City Council based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the school district or others. 18 . 32 .070 Reservation of additional land. Where a land dedication is required in lieu of a cash contribution and the comprehensive plan or the standards of the city call for a larger park site or school site in a particular emk subdivision or planned unit development than the developer is required to dedicate , the land needed beyond the developer' s contribution shall be reserved for subsequent purchase by the city or other public body designated by the city; provided, that a negotiated acquisition is made within one year from the date of approval of the final plat, or if an agreement between the developer and the city is recorded outlining specific conditions for the conveyance of such property. 18 . 32 .080 Combining with adjoining development. Where a land dedication is required in lieu of a cash contribution and the subdivision or planned unit development is less than forty (40) acres, a park site or school site should, where practical, be combined with dedications from adjoining developments in order to produce a usable park site or a school site without undue hardship on a particular developer. 18. 32. 090 General site standards. The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Wetlands shall not be accepted for city ownership and maintenance, and shall not serve as a credit toward the required park site contribution. Storm water detention areas shall not be accepted for city ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the storm water control system shall not serve as a credit toward the required park site contribution. Retention areas shall not be accepted for city ownership and maintenance, and shall not serve as a credit toward the required park site contribution. A * park site shall be not less than one (1) acre in area . Wetlands, E detention areas, retention areas and areas of steep slope shall not be accepted as school sites; and shall not serve as a credit toward the required school site contribution. 18 . 32 . 100 School site standards. A school site shall be dedicated in a condition ready for full infrastructure improvements as required by Chapter 18. 28 of Title 18 including but not limited to electrical service, water service, sanitary sewer, storm sewer and street improvements. Depending upon the projected timing for the construction of school facilities, a cash contribution may be made lieu of the sidewalk and street tree improvements. The cash contribution shall be equal to the cost of such improvements consistent with approved engineering plans and estimates of cost. 18. 32. 110 Contribution or dedication as a condition of annexation. The cash contribution or dedication of land as required by this chapter shall be the minimum required as a condition to the annexation of any land to the city. The City Council may, at its sole discretion, require additional contributions and dedications as it may deem necessary and desirable. tow Section 3. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. George VanDeVoorde, Mayor Presented: February 14, 1990 Passed: Vote: Yeas Nays Recorded: Published: Attest: Marie Yearman, City Clerk r