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.
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.
A. 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.
(1) 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.
(a) Duties of the Planning Commission. The Planning Commission shall
serve in an advisory capacity and shall have the following duties:
[1] 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.
[2] The Village may adopt procedural rules to be used by the Planning
Commission in carrying out the duties imposed by this article.
(b) 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.
(2) 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.
B. Cash donation formula and examples. A donation of cash in lieu of land shall be determined by applying the total land donation required, as determined in §
152-2A of this chapter, to the land value adjusted for the cost to improve land, as defined in Subsection
A of this section.
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Formula:
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Total Land Donation Required
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x
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(Land Value x 1.5)
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=
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Total Cash Donation
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Example: 3-bedroom single-family detached unit:
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0.0274
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x
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($28,000 x 1.5)
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=
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$1,150.80
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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:
A. 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.
B. 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.
[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.
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).
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Type of Unit
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School Fee
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Detached single-family
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2-bedroom
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$285.60
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3-bedroom
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$1,150.80
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4-bedroom
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$1,965.60
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Attached single-family
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1-bedroom
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$0.00
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2-bedroom
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$273.00
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3-bedroom
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$487.20
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4-bedroom
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$1,033.20
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Apartments
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Efficiency
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$0.00
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1-bedroom
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$8.40
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2-bedroom
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$281.40
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3-bedroom
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$760.20
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