[HISTORY: Adopted by the Board of Trustees of the Village of Coal City 5-14-1990 by Ord. No. 90-06, as amended 12-1-1996 by Ord. No. 96-37; 3-24-1997 by Ord. No. 97-05; and 1-24-2005 by Ord. No. 05-01. Subsequent amendments noted where applicable.]
As a condition of approval of a final plat of a subdivision or of a planned unit development and/or special use permit, each subdivider or developer will be required to dedicate land for school sites, to serve the immediate and future needs of the residents of the development, or cash contributions in lieu of actual land dedication, or a combination of both, at the option of the Village, in accordance with the following criteria and formula.
Requirement and population ratio. The ultimate number of students to be generated by a subdivision, planned unit development, and/or special use permit shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of estimated children to be served in each school classification, determined by applying the estimated ultimate population per dwelling unit table (see Subsection B of this section) to the number of respective units in development, over the maximum recommended number of students to be served in each school classification as stated herein, and then applying that ratio to the minimum recommended number of acres for a school site of each school classification as stated herein. The product thereof shall be the acres of land deemed necessary to have sufficient land for school sites to serve the estimated increased children in each school classification.
[Amended 12-13-2017 by Ord. No. 17-38]
School classification and size of school site. School classifications and size of school sites within the Village shall be determined in accordance with the following criteria:
Land donation formula and examples.
Where the resulting land contribution is too small to be practical or when the available land is inappropriate for a school site, the Village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.
Land value and land improvement. The land value for the purpose of making the calculation of cash computations required herein shall be based on the present fair market value of land in and surrounding the Village. The cash contribution in lieu of land shall be based on the fair market value of the acres of land in the area that otherwise would have been dedicated as a school site. The fair market value, on a per-acre basis, shall assume, unless determined otherwise pursuant to Subsection A(1), that the land is zoned single-family detached residential, subdivided with appropriate frontage on a dedicated road, and has all appropriate utilities available, is improved as set forth in § 152-8, and is otherwise property capable of being used for residential development. The written opinion of an appraiser or real estate professional shall constitute prima facie evidence of the fair market value of the land in question and shall be used in calculating any cash in lieu of land contribution herein unless timely objected to as provided in Subsection A(1). Objections to the fair market value as defined above shall be made to the Planning Commission in accordance with Subsection A(1). Failure to timely object to the fair market value as defined above in accordance with Subsection A(1) shall thereafter waive any right to raise an objection at a later time.
Objections. All objections relating to any application of this article to a particular subdivision or planned unit development shall first be referred to the Planning Commission for hearing. An objection must be made, if at all, prior to the approval by the Village of the final plat. A failure to object by such time shall constitute a waiver of the right to object to the provisions of this article.
Duties of the Planning Commission. The Planning Commission shall serve in an advisory capacity and shall have the following duties:
Advise and assist the Village in resolving objections regarding the fair market value of the land used to calculate the cash contribution in Subsection A, or any other application of this article to a particular subdivision or planned development.
The Village may adopt procedural rules to be used by the Planning Commission in carrying out the duties imposed by this article.
The Village and district shall make available to the Planning Commission all professional reports relating to the valuation of land used in calculating these fees or any other issue which may arise under this article. The Planning Commission may also retain the services of professionals (attorney, appraisers, statisticians, etc.) to assist it in its review of issues raised by any objection.
Indemnification. As a precondition to the Village distributing school land dedications and/or fees in lieu thereof, the district shall execute an intergovernmental indemnification agreement.
There may be situations in subdivisions or planned unit developments and/or special use permits when a combination of land dedication and cash contribution in lieu of land are both necessary. These occasions will arise when:
Only a portion of the land to be developed is proposed as the location for a school site. That portion of the land within the subdivision falling within the school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required for any remaining obligation.
The subdivider or developer shall convey to the school district the lands required under this agreement by warranty deed or trustee's deed within 90 days after request by the school district. The owner shall also be responsible for conveying good, merchantable title to the school site and for the payment of all real estate taxes to the date of conveyance. The subdivider or developer shall be required to provide the school district with an owner's policy of title insurance in an amount equal to the number of acres multiplied by the value of an improved acre as defined above.
The cash contribution in lieu of school sites shall be paid to the Village and dispensed to the school district quarterly to be held in trust by the school district. The funds shall be used solely for the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development and others, or for the improvement to any existing school which already serves or will serve such need. Improvement under this section shall include but not be limited to the development of parking lots, sidewalks, traffic signals, arterial streets, collector streets, internal roadways, connection with sewer, water, gas, and electrical lines, as well as storm sewers.
The required cash contribution shall be determined prior to the approval of each building plan and paid to the Village prior to issuance of a building permit. Receipt of payment shall be proof of the payment.
[Amended 7-27-2016 by Ord. No. 16-16]
The slope, topography, and geology of the dedicated site, as well as its surroundings, must be suitable for its intended purposes. Wetlands, floodplains, detention areas, retention areas and areas of steep slopes shall not be accepted as school sites and shall not serve as a credit toward the required school site cash in lieu of land contributions. Grading and seeding on sites to be dedicated for school uses will be performed by the subdivider or developer according to plans and specifications provided by the school district.
[Amended 7-27-2016 by Ord. No. 16-16]
All sites shall be dedicated in a condition ready for full service of electric, gas, water, sanitary sewer, and streets and storm sewers (including enclosed drainage, curb, and gutter) as applicable to the location of the site. Such improvements shall be made by the subdivider or developer and conform to plans provided by the school district. In addition, all sites shall be suitable for constructing a school and shall be free of any environmental contamination.
The table of the estimated ultimate population per dwelling unit (set forth in Subsection B of this section) is generally indicative of current and short-range projected trends in family size for new construction and shall be used in calculating the amount of required land dedication or the cash contributions in lieu thereof unless a written objection is filed by the subdivider or developer.
In the event a subdivider or developer files a written objection to the table of estimated ultimate population per dwelling unit, the subdivider or developer shall submit its own demographic study 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 the calculations shall be made by the Village Board based upon demographic information submitted to the Village Board by the school district, the subdivider or developer, or others. It is recognized that population density, age distribution, and local conditions change over the years, and the specific formula for the dedication of land or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment upon verification of current data by the Village Board or its designee.
Where the Comprehensive Plan or the standards of the Village or school district call for a larger amount of land for a school site in a particular 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 school district, provided that such acquisition is made or an action in eminent domain commenced within one year from the date of approval of the final plat.
Where the subdivision or planned unit development is less than 40 acres, a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce a usable school site without hardship on a particular developer.
The following table represents the calculation formula for each type of dwelling. A "bedroom," as used in this section, shall include any den, study, or extra room located on any floor in a dwelling unit which is not clearly identified for some other specific purpose such as a kitchen (one per unit), dining room (one per unit), living room (one per unit), bathroom and family room (one per unit).