G7-91 Ordinance No. G7-91
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO PROVIDE FOR DEVELOPMENT IMPACT FEES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 18 . 32 entitled "Development
Contributions" of the Elgin Municipal Code, 1976 , as amended, be
and is hereby deleted.
Section 2 . That Title 17 entitled "Development Impact Fees"
be and is hereby added to the Elgin Municipal Code, 1976, as
amended, to read as follow: •
ELGIN MUNICIPAL CODE
TITLE 17
DEVELOPMENT IMPACT FEES
Chapters :
17 . 01 General Provisions
17 .02 Definitions
17 .03 Administration
17 . 04 Calculations
17 .05 Land Contribution
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Chapter 17.01
GENERAL PROVISIONS
Sections :
17 . 01 . 010 Citation
17. 01. 020 Findings and Purpose
17 . 01 . 030 Intent
17 . 01 . 040 Applicability
17 . 01. 050 Requirement
17 . 01.060 Annexation
17.01.010 Citation
These regulations shall be known, cited, and referenced to as the
Development Impact Fees regulations of the city.
17.01.020 Findings and Purpose
A. It is declared to be the policy of the City of Elgin that the
provision of various public facilities required to serve new
development as subject to the control of the city in accordance
with the Comprehensive Plan of the city for the orderly, planned,
efficient, and economical development of the city.
B. New development causes and imposes increased and excessive
demands upon public facilities and services that are specifically
and uniquely attributable to those developments . Affected
facilities and services include the public school district, the
park system, the library district, the water system, and the
sanitary sewer collection system.
C. Planning projections indicate that such development shall
continue and shall place ever-increasing demands on the city, the
school districts and the library district to provide necessary
public facilities .
D. Development potential and property values are influenced and
affected by city policy as expressed in the Comprehensive Plan and
as implemented by the city Zoning Ordinance and the Capital
Improvement Program (CIP) .
E. To the extent that new development places demands upon public
facilities which are specifically and uniquely attributable to that
development , those demands should be satisfied by requiring that
developments creating the demands pay the cost of meeting the
demands .
F. The amount of the development impact fees to be required of
new development shall be determined by the proportionate share cost
of the additional public facilities needed to support such
development, which public facilities shall be identified in the
Capital Improvement Program or in a capital improvement budget.
G. The City Council , after careful consideration, hereby finds
and declares that development impact fees required of new
development to finance specified public facilities , the demand for
which is created by such development, is in the best interests of
the general welfare of the city and its residents , is equitable,
and does not impose an unfair burden on such development.
Therefore, the City Council deems it necessary and desirable to
adopt this Title as herein set forth.
17.01. 030 Intent
This Title is intended to require development impact fees , payable
at the time of building permit issuance, in an amount based upon
the proportionate share of the cost of the various public
facilities required to serve new development.
17.01.040 Applicability
This Title shall be uniformly applicable to development which
occurs within the city, with the exception of exempted developmE•Int
including the following:
A. Development of lots of record existing prior to March 6, 1962
not requiring planned unit development approval .
B. Development of property located within a redevelopment area
designated by the City Council .
C. Development of property for which an equivalent development
impact fee has been paid subject to the requirements of a prior
ordinance.
17.01.050 . Requirement
No building permit as herein defined shall be issued for a'
nonexempt development Unless the applicant therefore has paid the
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development impact fees imposed by and calculated pursuant to this
Title. Prior to or concurrent with issuance of a building permit,
approval of a site plan, approval of a final plat of subdivision,
or approval of a final plat of a planned unit development; the city
shall calculate the development impact fees for school district
capital improvements, school site, park site, library district
capital improvements , water system capital improvements , and
sanitary sewer collection system capital improvements to serve the
immediate and future needs of the development. Land dedication in
lieu of a development impact fee or a combination of both, in the
discretion of the city and in accordance with the criteria and
formulas set forth in this Title, may be required.
Development impact fees shall be calculated annually and shall be
valid through December 31st of the calendar year in which the fee
amounts are calculated. All building permits issued throughout the
calendar year shall be subject to the applicable per unit
development impact fees for the specific development established
for the calendar year. An amendment to an approved site plan,
final plat of subdivision, or final plat of planned unit
development shall require compliance with this Title to the extent
that such amendment results in the calculation of a greater
development impact fee for the school district, the park system,
the library district, the water system or the sanitary sewer
collection system.
17. 01.050 Annexation.
The development impact fees or dedication of land as required by
this Title also shall be 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.
•
Chapter 17 .02
DEFINITIONS
17 . 02 . 010 Building Permit
17 . 02 . 020 Building Site
17 . 02 . 030 Capital Budget
17 .02 . 040 Capital Improvement
17. 02 . 050 Capital Improvement Program (CIP)
17 . 02 . 060 City
17 . 02 . 070 City Council
17 . 02 . 080 City of Elgin Interceptor Sewer Master Plan
17 . 02 . 090 City of Elgin Water System Distribution Analysis
17 . 02 . 100 Comprehensive Plan
17. 02. 110 Cost
17 . 02 . 120 Demand Unit
17 . 02 . 130 Designated Redevelopment Area
17 . 02 . 140 Detention Area
17 . 02 . 150 Developer
17 . 02 . 160 Development
17 .02 . 170 Development Impact Fee
17 . 02 . 180 Downstream Sanitary Sewer
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17 . 02. 190 Gross Acreage
17 . 02 .200 Library District
17 . 02 . 210 Lot of Record
17 . 02 . 220 MAI
17 . 02 . 230 Planned Unit Development
17. 02 . 240 Proportionate Share
17. 02 . 250 Public Facility
17.02. 260 Residential Development
17 . 02 . 270 Retention Area
17.02 . 280 School District
17.02 . 290 Service Standard
17. 02 . 300 Site Plan
17. 02 . 310 Specifically and Uniquely Attributable
17.02 . 320 Subdivision Ordinance
17.02 . 330 Wetland
17.02 . 340 Zoning District
17 .02 . 350 Zoning Ordinance
For the purpose of the regulations codified in this Title, the
terms and words used in this Title shall be used, interpreted, and
defined as set forth in this Chapter:
17 . 02 . 010 Building Permit - The permit required for new
construction and additions pursuant to Title 16 Buildings and
Construction of the Elgin Municipal Code. The term building
permit, as used herein, shall not be deemed to include permits
required for remodeling, for rehabilitation or other improvements
to an existing structure, or for rebuilding a damaged or destroyed
structure ; provided no increase in gross floor area or number of
dwelling units results therefrom.
17 . 02 . 020 Building Site - An area of land designed, intended or
used as a location for a structure.
17. 02 . 030 Capital Budget - The portion of the City of Elgin annual
budget devoted to the funding of capital improvement projects .
17 . 02 . 040 Capital Improvement - A project or piece of equipment
with a useful life in excess of three ( 3 ) years .
17 . 02 . 050 Capital Improvement Program (CIP) - The multi-year
program identifying future capital improvements and indicating
planned sources of funding for those improvements.
17 . 02 . 060 City - The City of Elgin.
17 . 02 . 070 City Council - The Elgin City Council .
17 . 02 . 080 City of Elgin Interceptor Sewer Master Plan - The
engineering study approved and adopted by the City Council
establishing service standards , and identifying existing and
projected service areas ; and identifying capital improvements and
estimating capital project costs necessary to maintain standards
and serve such areas with a sanitary sewer collection system.
17. 02 . 090 City of Elgin Water System Distribution Analysis - The
engineering study approved and adopted by the City Council
establishing service standards , and identifying existing and
projected service areas ; and identifying capital improvements and
estimating capital project costs necessary to maintain standards
and serve such areas with a municipal water system.
17 . 02 . 100 Comprehensive Plan - The official plan for the
development of the city adopted by the City Council and amended
from time to time.
17 . 02 . 110 Cost - Expenditures incurred or estimated to be incurred
to fund a capital improvement project. These costs may include
acquisition of land, construction of improvements, equipping of
facilities ; and administrative, engineering, architectural , and
legal expenses incurred in connection with a project.
17. 02. 120 Demand Unit - A unit associated with a new development
that generates the need for improvements in public facilities .
17. 02. 130 Designated Redevelopment Area - A geographically defined
area that has been designated by the City Council as a blighted
area or a conservation area. An area which has not been subject to
growth and development through investment by private enterprise and
would not reasonably be anticipated to be developed without public
incentives .
17 . 02 . 140 Detention Area - A dry-bottom area of land which
provides for the temporary storage of stormwater runoff.
•
17 . 02 . 150 Developer - The owner of record of land proposed for
development or his/her representative.
17 .02 . 160 Development - Any change. to improved or unimproved real
property, the use of any principal structure or land, or any other
activity that requires issuance of a building permit.
17. 02 . 170 Development Impact Fee - A special and additional fee
imposed at building permit issuance and calculated based upon the
costs of public facilities in proportion to development creating
the need for such facilities .
17 . 02 . 180 Downstream Sanitary Sewer - The portion of the sanitary
sewer collection system located between the wastewater treatment
plant and the far edge of the subject property or a point
equidistant to the far edge of the subject property boundaries
extended.
17 .02 . 190 Gross Acreage - The entire area of a parcel of real
property or a building site expressed in acres or portions thereof .
17 . 02 . 200 Library District - The Gail Borden Public Library
District.
17 . 02 . 210 Lot of Record - A lot which is separately designated as
such in a plat of subdivision duly filed in the office of the
recorder of deeds in the county in which said lot is located.
17.02. 220 MAI - The professional designation of "Member , Appraisal
Institute" as conferred by The American Institute of Real Estate
Appraisers .
17 . 02 . 230 Planned Unit Development - A unified development of one
or more parcels of contiguous land in a single ownership or unified
control including two or more principal buildings or uses, and
where the specific requirements of a given zoning district may be
modified if an application is processed and approved under the
planned unit development procedures of Title 18 and Title 19 of the
Elgin Municipal Code.
17. 02 . 240 Proportionate Share - The cost of a public facility, or
capital improvement project specifically and uniquely attributable
to a new development ; after the consideration of the generation of
additional demand from the new development, and any appropriate
credits for contribution of money, dedication of land, debt service
payments , or taxes dedicated for such projects.
17 . 02 . 250 Public Facility - Any or all of the following facilities
to be financed in whole or in part by the requirement of a
development impact fee:
A. School district capital improvements .
B. School sites .
C. Park sites .
D. Library district capital improvements .
E. Water system capital improvements .
F. Sanitary sewer collection system capital improvements .
17 . 02 . 260 Residential Development - Any change to improved or
unimproved real property including a principal structure, all or a
portion of which is designed or intended for use as a residence.
17 .02 . 270 Retention Area - A wet-bottom area of land which
provides for the temporary storage of stormwater runoff.
17 . 02 . 280 School District - Any public school district situated
wholly or partially within the city providing elementary, junior
high and high school education.
17. 02. 290 Service Standard - The existing level of service
delivery associated with a public facility for which a development
impact fee shall be required.
17 . 02 . 300 Site Plan - A document prepared to scale indicating
accurately the dimensions and boundaries of a site ; and showing the
location of all proposed buildings , structures , uses , and principal
site development features for a parcel of land.
17 . 02 . 310 Specifically and Uniquely Attributable - An identifiable
portion of the need for additional public facilities , or capital
improvement projects resulting from a proposed development.
17. 02 . 320 Subdivision Ordinance - Title 18 of the Elgin Municipal
Code regulating the processes and design standards applicable to
the division of land within the city.
17 . 02 . 330 Wetland - An area that is inundated or saturated by
surface water or groundwater at a frequency and duration sufficient
to support , and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions.
17 . 02 . 340 Zoning District - An area of the territory of the city
within which certain uses of land, premises , and buildings are
controlled and within which certain development standards are
established by ordinance.
17. 02 . 350 Zoning Ordinance - Title 19 of the Elgin Municipal Code
regulating the use of land within the city.
Chapter 17 .03
ADMINISTRATION
Sections
17 . 03 . 010 General Procedures for Development Impact Fees .
17. 03 . 020 Use of Development Impact Fees .
17. 03. 030 Effect of Development Impact Fees on Zoning and
Subdivision Regulations.
17.03 . 040 Development Impact Fees as Additional and
Supplemental Requirement.
17.03.010 General Procedures for Development Impact Fees
A. Calculation of Development Impact Fees. Development impact
fees established pursuant to this Title shall be calculated by the
city Planning Department.
B. Collection of Development Impact Fees. Development impact
fees calculated and due pursuant to this Title shall be collected
- by the city Bureau of Inspection Services prior to issuance of a
building permit.
C. Transfer of Funds to Accounts. Upon receipt of development
impact fees , the city Finance Department shall be responsible for
placement of such funds into separate accounts as hereinafter
specified.
D. Establishment and Maintenance of Accounts. The city Finance
Department shall establish separate interest-bearing accounts in a
bank authorized to receive deposits of city funds . Interest earned
by each account shall be credited to that account and shall be used
solely- for the purposes specified for funds of such account. The
city Finance Department shall maintain records for each such
account, whereby development impact fees collected can be
segregated by service area, as appropriate.
E. Maintenance of Records. The city Finance Department shall
maintain and keep adequate financial records for each such account ,
which shall show the source and disbursement of all revenues , which
shall account for all monies received, and which shall ensure that
the disbursement of funds from each account shall be used solely
and exclusively for the provision of projects specified in the
Capital Improvement Program for the particular service area, as
appropriate.
F. Annual Review and Modification. In conjunction with the
annual capital budget and Capital Improvement Program adoption
processes, the city shall review the development potential of the
various service areas and the Capital Improvements Program and make
such modifications as are deemed necessary as a result of. ( 1 )
development occurring in the prior year, (2 ) public facilities
actually constructed, ( 3) changing facility needs , (4 ) inflation,
(5) revised cost estimates for public facilities , ( 6) changes in
the availability of other funding sources applicable to public
facility projects , and ( 7 ) such other factors as may be relevant.
Modifications to the development potential , the capital
improvements program, and the development impact fees shall be made
prior to December 31st of each year and shall be effective on
January 1st of the following year .
17. 03. 020 Use of Development Impact Fees
Development impact fees paid pursuant to this Title shall be
restricted to use solely and exclusively for financing directly, or
as a pledge against bonds , revenue certificates , and other
obligations of indebtedness for the cost of public facilities as
specified herein.
17.03. 030 Effect of Development Impact Fees on Zoning and
Subdivision Regulations
This Title shall not affect, in any manner, the permissible use of
property, density of development, design, and improvement standards
and requirements ; or any other aspect of the development of land or
provision of public improvements subject to the zoning and
subdivision regulations or other regulations of the city, which
shall be operative and remain in full force and effect without
limitation with respect to all such development.
17.03. 040 Development Impact Fees as Additional and Supplemental
Requirement
Development impact fees are additional and supplemental to, and not
in substitution of, any other requirements imposed by the city on
the development of land or the issuance of building permits . In no
event shall a property owner be obligated to pay for public
facilities in an amount in excess of the amount calculated pursuant
to this Title; but , provided that a property owner may be required
to pay, pursuant to city ordinances , regulations or policies , for
other public facilities in addition to the development impact fees
for public facilities as specified herein.
Chapter 17. 04
CALCULATIONS
Sections :
17 . 04 . 010 Criteria for Determining School District Capital
Improvement Development Impact Fee.
17 . 04 . 020 Criteria for Determining School Site
Development Impact Fee.
17 . 04 . 030 Criteria for Determining Park Site Development Impact
Fee.
17. 04 . 040 Criteria for Determining Library District Capital
Improvement Development Impact Fee.
17. 04 . 050 Criteria for Determining Water System
Development Impact Fee.
17 . 04 . 060 Criteria for Determining Sanitary Sewer Collection
System Development Impact Fee.
17.04 . 070 Determination of Land Value and Distribution of
Development Impact Fee.
17. 04 . 080 Dwelling Unit Population Formula.
17. 04 . 010 Criteria for Determining School District Capital
Improvement Development Impact Fee.
The following criteria shall govern the calculation of the school
district capital improvement development impact fee:
A. Requirement and Population Ratio. The ultimate number of
students estimated to be generated by the residential development
shall be directly related to the amount of the development impact
fee required for school district capital improvement. The school
district capital improvement development impact fee requirement
shall be determined by obtaining the product of the following: ( 1)
the estimated number of students to be served in the school
district times ( 2 ) the capital costs per student, excluding school
site costs , times ( 3 ) a factor of fifty percent ( 50% ) . The factor
shall be adjusted upward at an annual rate of five percent ( 5% )
effective January 1 , 1992 , and annually thereafter until the
development impact fee equas one-hundred percent ( 100% ) of the
school district capital improvement cost per student. The school
district capital improvement development impact fee shall be
adjusted for credits as established in this section.
B. School District Capital Improvement Credit. School district
capital improvement development impact fee credit shall be given as
follows :
1 . Credit shall be given for the present value of the future
stream of real estate tax payments from the development
attributable to debt service for school district capital
improvements . The credit shall be based on the annual charge
per dollar of real estate valuation .
2 . Credit shall be given for the present value of the future
stream of real estate tax payments from the development
allocated to the annual school district capital improvement
budget .
3. Credit shall be given for the per student amount of State
financial aid received by the school district and allocated to
the annual school district capital improvement budget.
4 . The sum of all school district capital improvement credits
shall not exceed the total school district capital improvement
development impact fee.
C. Information Sources . Calculations for the required school
district capital improvement development impact fee shall be based
on the dwelling unit population formula as established in this
chapter and capital improvement budget data from the school
district serving the development.
17.04 .020 Criteria for Determining School Site Development Impact
Fee.
The following criteria shall govern the calculation of the school
site development impact fee:
A. Requirement and Population Ratio. The ultimate number of
students to be generated by the residential development shall be
directly related to the amount of land that would be required for a
school site. The school site development impact fee requirement
shall be determined by obtaining the product of the following: ( 1)
estimated number of students to be served in each school
classification over the (2 ) maximum recommended number of students
to be served in each such school classification as established in
this section times the ( 3) recommended number of acres for a school
site of each school classification as established 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 students in each such school classification. The school
site development impact fee shall be the cash amount equal to the
product of the number of acres required for school site times the
fair market 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:
Maximum Number Minimum Acreage
School Classification of Students per of Land per each
by Grade Classification Classification
Elementary or
Grades 0 - 5 600 11
Junior High or
Grades 6 - 8 1 , 200 29
High School or
Grades 9 - 12 2 , 500 55
C. Location. Where the dedication of land is required in lieu of
a development impact fee, the Comprehensive Plan and the standards
adopted by the affected school district shall be used as guidelines
in locating sites .
17.04 .030 Criteria for Determining Park Site Development Impact
Fee.
The following criteria shall govern the calculation of the park
( site development impact fee:
A. Requirement and Population Ratio. The ultimate population to
be generated by the residential development shall be directly
related to the amount of land that would be required for a park
site. The park site development impact fee requirement shall be
determined by obtaining the product of the following: ( 1) estimated
population to be served by the park system over ( 2 ) one thousand
( 1, 000 ) times the ( 3) sum of the recommended number of acres of
park site for each park classification as established 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 development impact fee shall
be the cash amount equal to the product of the number of acres
required for park site times the fair market value of 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 accordance with
the following criteria:
Type of Park Size Range Minimum Acres
in Acres per 1, 000 Pop.
Play lot 1 - 3 1.0
Neighborhood park 3 - 20 1. 5
District park 20 - 50 2 . 5
Community park 50 - 100 5.0
Total 10 . 0
C. Location. Where the dedication of land is required in lieu of
a development impact fee. the Comprehensive Plan 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 on a site plan, or in a proposed subdivision or planned
unit development, and is designed to serve the immediate and future
park needs of the residents of that subdivision or development :
credit toward the required park site development impact fee 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 development impact
fee 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 .
17.04 .040 Criteria for Determining Library District Capital
Improvement Development Impact Fee.
The following criteria shall govern the calculation of the library
district capital improvement development impact fee:
A. Requirement and Population Factor. The ultimate population to
be generated by the residential development shall be directly
related to the amount of the development impact fee required for
the library district . The library district development impact fee
requirement shall be determined by obtaining the product of the
following: ( 1 ) the estimated population to be served by the library
district times (2 ) the cost per capita of library district capital
improvements required to serve the development ( 3) and then
adjusting for library district capital improvement credit as
established in this section.
B. Library District Capital Improvement Credit. Library district
capital improvement development impact fee credit shall be given as
follows :
1. Credit. shall be given for the present value of the future
stream of real estate tax payments from the development
attributable to debt service for library district capital
improvements . The credit shall be based on the annual charge
per dollar of real estate valuation.
2. Credit shall be given for the present value of the future
stream of real estate tax payments from the development
allocated to the annual library district capital improvement
budget.
(— • 3. Credit shall be given for the per capita amount of State
financial aid received by the library district and allocated
to the annual library district capital improvement budget.
4 . The sum of all library district capital improvement credits
shall not exceed the total library district capital
improvement development impact fee.
C. Information Sources. Calculations for the required library
district capital improvement development impact fee shall be based
on the dwelling unit population formula as established in this
chapter and capital improvement budget data from the library
district serving the development.
17.04 .050 ' Criteria for Determining Water System Development Impact
Fee.
The following criteria shall govern the calculation of the water
system development impact fee:
A. Requirement and Population Factor. For residential
developments , the ultimate population to be generated by the
development shall be directly related to the amount of the
development impact fee required for the water system. The water
system development impact fee requirement shall be determined by
obtaining the product of the following: ( 1 ) the estimated
population to be served by the water system times (2 ) the estimated
average daily residential consumption times ( 3) the net per gallon
cost of water system capital improvements required in the water
service zone of the development : after adjusting for water system
credit as established in this section.
B. Requirement and Gross Acreage Factor. For commercial and
industrial developments , the gross acreage included in the
development shall be directly related to the amount of the
development impact fee required for the water system. The water
system development impact fee requirement shall be determined by
obtaining the product of the following: ( 1 ) the gross acreage of
the development site times (2 ) the average daily consumption for
the proposed land use times ( 3) the net per gallon cost of water
system capital improvements required in the water service zone of
the development, after adjusting for water system credit as
established in this section.
C. Land Area Exceptions. The following land areas shall be
excluded from gross acreage for the purpose of determining the
water system development impact fee for nonresidential uses :
1. Land dedicated as a site for a water system capital
improvement.
2. Area in excess of one ( 1 ) acre devoted exclusively to active
recreational uses and not requiring municipal water service.
3. Area in excess of one ( 1 ) acre designated as a wetland by the
U.S. Army Corps . of Engineers .
D. Water System Credit. Water system development impact fee
credit shall be given as follows :
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 system capital
improvements . 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 fair market value
of land per acre stated in this chapter. Land devoted to
right-of-way or dedicated as an easement and containing
watermains shall not be included in the calculation of credit.
3 . The sum of all water system credits shall not exceed the total
water system development impact fee.
E. Information Sources . Calculations for the required water
system development impact fee shall be based on the dwelling unit
population formula as established in this chapter , data from the
City of Elgin Water System Distribution Analysis , and the current
population projections report provided by the City of Elgin
Planning Department.
17. 04 .060 Criteria for Determining Sanitary Sewer Collection
System Development Impact Fee.
The following criteria shall govern the calculation of the sanitary
sewer collection system development impact fee:
A. Requirement and Gross Acreage Factor. For all developments ,
the gross acreage included on the site, or in the subdivision or
planned unit development shall be directly related to the amount of
the development impact fee required for the sanitary sewer
collection system. The sanitary sewer collection system
development impact fee requirement shall be determined by obtaining
the product of the following: ( 1) the sum of ( 2 ) the cost of each
of the downstream portions of the sanitary sewer collection system
capital improvements over ( 3) the total number of acres in each of
the respective service areas of the downstream portions of the
sanitary sewer collection system times (4 ) the gross acreage of the
development site.
B. Land Area Exceptions . The following land areas shall be
excluded from gross acreage for the purpose of determining the
sanitary sewer collection system development impact fee:
1. Land accepted as a park site contribution. _
2 . Land accepted as a school site contribution.
3. Land dedicated as a site for a water system capital
improvement.
4 . Areas in excess of one ( 1) acre devoted exclusively to active
recreational uses and not requiring sanitary sewer service.
5. Areas in excess of one ( 1) acre designated as a wetland by the
U. S. Army Corps . of Engineers .
C. Information Sources . Calculations for the required sanitary
sewer collection system development impact fee shall be based on
data from the City of Elgin Interceptor Sewer Master Plan.
17.04 .070 Determination of Land Value and Distribution of
Development Impact Fees .
A. Determination of Land Value. The development impact fees for
school site and park site, and the credit for land dedication for
water system capital improvements shall be based on the fair market
value of an acre of land in the area improved as specified in this
Chapter. It has been determined that the present fair market value
of such improved land in and surrounding the city is twenty-eight
thousand ninety dollars ($28 , 090) per acre. The land value shall
be adjusted upward at an annual rate of six percent ( 6% ) effective
January 1 , 1992 , and annually thereafter. The land 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 subdivider or developer, at his or
her own cost, shall obtain and submit an independent appraisal from
an MAI designated appraiser indicating the fair market value of
such improved land in the area of the proposed development. Final
determination of said fair market value per acre of such improved
land shall be made by the City Council in -its sole discretion 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 Development Impact Fees. The development
impact fee 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
development impact fees for school district capital improvement and
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 , and for other purposes as
permitted by law. The development impact fees for library district
capital improvement shall be collected by the city and forwarded
from time to time to the library district to be used in the funding
of the construction of buildings , the acquisition of books, and for
other purposes as permitted by law. The development impact fee for
the water system shall be held by the city solely for water system
capital improvement projects to serve the immediate and future
needs of the residents of that subdivision or development. The
development impact fee for the sanitary sewer collection system
shall be held by the city solely for sanitary sewer collection
system capital improvement projects to serve the immediate and
future needs of the residents of that subdivision or development.
17.04 . 080 Dwelling Unit population Formula.
Calculation of required development impact fees or land dedication
shall be made in accordance with the population density factors
contained in the most current 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 use of the Table of Estimated Ultimate Population Per Dwelling
Unit, the subdivider or developer shall obtain and submit, at his
or her own cost, a demographic study showing the estimated
population to be generated from the development ; and in that event ,
final determination of the density formula to be used in such
calculations shall be made by the City Council , in its sole
discretion, 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.
Chapter 17.05
LAND CONTRIBUTIONS
Sections :
17 . 05. 010 Reservation of Additional Land.
17 . 05. 020 Combining with Adjoining Development .
17 . 05. 030 General Site Standards .
17 . 05. 040 School Site Standards .
17.05. 010 Reservation of Additional Land.
Where a land dedication is required in lieu of a development impact
fee and the Comprehensive Plan or the standards of the city or the
school district call for a larger park site or school site in a
particular development than the developer is required to dedicate,
the land needed beyond the developer' s dedication shall be reserved
for subsequent purchase by the city or other public body designated
by the city; provided that a negotiated purchase 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.
17.05. 020 Combining with Adjoining Development.
Where a land dedication is required in lieu of a development impact
fee and the development is less than forty (40 ) acres , where
practical , a park site or school site should be combined with
dedications from adjoining developments in order to produce a
usable park site or school site without undue hardship on a
particular developer.
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17.05.030 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
development impact fee. 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 development impact fee. Retention areas shall
not be accepted for city ownership and maintenance, and shall not
serve as a credit toward the required park site development impact
fee. A park site shall be not less than one ( 1 ) acre in area.
Wetlands, 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 development impact fee.
17.05. 040 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 projected timing for the construction of school facilities ,
a cash contribution may be required in 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.
Section 3 . That all ordinances or parts of ordinances in
conflict with the provisions 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.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 23 , 1991
Passed: January 23 , 1991
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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