G-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
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