G13-90 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
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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
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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.
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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
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