In order that adequate open spaces and sites for public uses
may be properly located and preserved as the community develops and
in order that the cost of providing the park and recreation sites
and facilities necessary to serve the additional families brought
into the community by subdivision development may be most equitably
apportioned on the basis of the additional need created by the individual
division of land, the following provisions are established:
A. Reservation of potential sites.
(1) In the design of the plat or other division of land,
consideration shall be given to the adequate provisions of a correlation
with such public sites or open areas.
(2) Where it is determined by the Village Plan Commission
that a portion of the plat or other division of land is required for
public sites or open spaces, the divider may be required to reserve
such area for a period not to exceed three years, after which the
Village shall either acquire the property or release the reservations.
B. Dedication of sites.
(1) Within the corporate limits of the Village, where
feasible and compatible with development of the community, the developer
shall provide and donate to the public adequate land to provide for
park and recreation needs or capital improvements of the subdivision
or other division of land.
(2) The amount of land to be provided shall be determined
on the basis of an amount of land equal in value to $700 per residential
lot created by the division. The value of the land to be dedicated
shall be determined by the Village Assessor on the basis of full and
fair market value of the land prior to dividing. If the owner is not
satisfied with such appraisal, he/she may appeal such determination,
in which case an appraisal board consisting of one appraiser selected
by the Village at its own expense, one selected by the property owner
at his own expense and a third selected by the two other appraisers
at Village expense shall determine the value.
C. Proportionate payment in lieu of dedication.
(1) Where the Village Board determines that such dedication
is not feasible or compatible with development of the community, the
developer shall, in lieu thereof, pay to the Village a fee for the
residential units constructed. Such fee shall be determined as follows:
(a)
Seven hundred dollars for each single-family
dwelling unit and for the first two residential units in a multiple
dwelling and $100 for each residential unit in such multiple dwelling
unit in excess of two; all such payments to be placed in a nonlapsing
fund of the Village to be used for park and recreation development.
(b)
Seven hundred dollars per residential lot created
by the subdivision or other division of land to be placed in a nonlapsing
fund to be used for park and recreation development, purchase of park
and recreation equipment or capital improvements.
(2) Where the division results in the creation of not
more than one additional lot or parcel, payment shall be required
only for the additional parcel.
(3) Payment may be in a lump sum or 50% paid at the time
of plat approval and the balance to be paid within one year, such
deferred payment to be guaranteed by surety bond or other satisfactory
financial guarantee to the Village.
(4) Where a lot or parcel for which payment has once been
made is further divided, payment shall be required only for the additional
lots or parcels created.
(5) The required payment shall be made before the certification
of approval may be affixed to the final plat or approval of a certified
survey map.
(6) No payment shall be required for a parcel on which
a permanent residential structure has existed for at least one year
prior to the date of the division.
D. Capital improvement fund.
[Added 12-21-1992]
(1) In order that the Village shall have sufficient resources
to acquire, construct, maintain and operate a municipal water supply
which is necessitated by continued growth of the Village, there is
hereby established a capital improvement fund to be used for the purpose
of acquiring, constructing, maintaining and operating municipal water
supply sources to be used by the Village in providing municipal services
to the residents of the Village, including a water supply source to
be used by emergency and Fire Department vehicles. The developer shall
pay to the Village a fee which shall be deposited in the capital improvement
fund for each residential unit constructed.
(a)
Such fee shall be determined as follows:
[1]
Seven hundred fifty dollars for each single-family
residential dwelling unit;
[2]
Four hundred dollars each for the first two
residential units in a multiple dwelling; and
[3]
Two hundred fifty dollars for each residential
unit in such multiple dwelling unit in excess of two.
(b)
All such payments shall be deposited in the
fund created by this provision.
(2) Where the division results in the creation of not
more than one additional lot or parcel, payment shall be required
only for the additional parcel.
(3) Payment may be in a lump sum or 50% paid at the time
of plat approval and the balance to be paid within one year, such
deferred payment to be guaranteed by surety bond or other satisfactory
financial guarantee to the Village.
(4) Where a lot or parcel for which payment has once been
made is further divided, payment shall be required only for the additional
lots or parcels created.
(5) The required payment shall be made before the certification
of approval may be affixed to the final plat or approval of a certified
survey map.
(6) No payment shall be required for a parcel on which
a permanent residential structure has existed for at least one year
prior to the date of the division.