G-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