As a condition of approval of all final plats of residential
subdivisions, or of final plat of all existing residential or industrial
or commercial developments, both within the Village limits and within
1 1/2 miles of the Village limits, each subdivider or developer
will be required to dedicate land for park and recreational purposes
to serve the immediate and future needs of the residents of the development,
or cash contribution in lieu of actual land dedication, or a combination
of both, at the option of the Village, in accordance with the requirements
set out in this article.
[Amended 5-8-2006 by Ord. No. 06-13]
A. Amount of land required.
(1) The ultimate population density to be generated by a subdivision
or development shall bear directly on the amount of land required
to be dedicated for parks and recreation sites. The acreage of land
dedication requirement shall be determined by obtaining the total
population of the development times the number of required acres per
1,000 population.
(2) The total requirement shall be as set forth in §
10-99F of the Village Code, as the same shall be amended from time to time by the corporate authorities of the Village, or cash in lieu of land. Table I below shall be a guideline for park and recreational land distribution.
[Amended 7-27-2016 by Ord. No. 16-16]
Table I
|
---|
Types of Recreational Area
|
Size Range
|
---|
Play lot
|
Minimum 10,000 square feet
|
School-site (neighborhood park)
|
Minimum park of 5 acres (to be included within school donation
ord.)
|
Neighborhood park
|
Minimum 3 1/2 acres
|
Community-wide park
|
Minimum 12 acres
|
Example: development of 100 detached single-family 3-bedroom
homes with 2.899 people per household (Source: Table II)
|
Total ultimate population
|
=
|
Number of dwelling units X ultimate population* for detached
single-family 3-bedroom homes
|
|
=
|
100 x 2.899 = 290
|
Required acres
|
=
|
Total ultimate population x 10 acres/1,000
|
|
=
|
290 x 10/1,000
|
|
=
|
2.9 acres
|
*
|
Table II shall set forth the estimated ultimate population per
dwelling unit.
|
(a)
Presumptions:
[1]
On property zoned for single-family detached units, it shall
be presumed that 50% of the units shall contain three bedrooms and
50% of the units shall contain four bedrooms. All fractions shall
be rounded to the nearest unit.
[2]
On property zoned for the construction of single-family attached
(duplex) units, it shall be presumed that 40% of the units shall contain
two bedrooms and 60% of the units shall contain three bedrooms. All
fractions shall be rounded to the nearest unit.
[3]
On property zoned for single-family attached units, it shall
be presumed that 70% of the units shall contain two bedrooms and 30%
of the units shall contain three bedrooms. All fractions shall be
rounded to the nearest unit.
[Amended 12-13-2017 by Ord. No. 17-38]
[4]
On property zoned for multifamily units, it shall be presumed
that 40% of the units shall contain one bedroom, 50% of the units
shall contain two bedrooms, and 10% of the units shall contain three
bedrooms. All fractions shall be rounded to the nearest unit.
[Amended 12-13-2017 by Ord. No. 17-38]
Table II
|
---|
Table of Estimated Ultimate Population per Dwelling Unit
|
---|
Type of Unit
|
Total per Unit
|
---|
Detached single-family:
|
|
2-bedroom
|
2.017
|
|
3-bedroom
|
2.899
|
|
4-bedroom
|
3.764
|
|
5-bedroom
|
3.770
|
Attached single-family (duplex, townhouse, row house, quadriplex,
etc.)
|
|
1-bedroom
|
1.193
|
|
2-bedroom
|
1.790
|
|
3-bedroom
|
2.392
|
|
4-bedroom
|
3.145
|
Apartments:
|
|
1-bedroom
|
1.294
|
|
2-bedroom
|
1.758
|
|
3-bedroom
|
1.914
|
|
4-bedroom
|
3.053
|
(b)
Density formula.
[1]
The above table of population density 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
dedication of acres of land or the cash contributions in lieu thereof
unless a written objection is filed thereto by the subdivider or developer.
[2]
In the event a subdivider or developer files a written objection
to the table of estimated ultimate population listed herein, he or
she shall submit his or her own demographic study showing the estimated
additional population to be generated from the subdivision or development,
and in that event, final determination of the density formula to be
used in such calculations shall be made by the Village, in its sole
discretion, upon consideration of the table of population density,
such demographic information submitted by the subdivider or developer
and such other sources of information which may be submitted to or
obtained by the Planning Commission. 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 if necessary.
B. Location and ownership. Comprehensive park ordinance plans, appropriate
standards adopted by affected park districts and adopted municipal
and county plans shall be used as a guideline in locating sites. A
central location which will serve equally the entire development is
most desirable. In a large development, these sites can be located
throughout the development according to established standards for
park area distances from residential areas. Each park site should
have at least 66 feet of frontage on dedicated public roads. Full
fee simple title to the dedicated parkland shall be held by the Village
or as determined and/or assigned by the Village Board. When necessary,
operation and maintenance may be done by a homeowner's association
with the execution of the appropriate legal documents.
The subdivider or developer shall convey to the Village the
land required under this section within 30 days after any subdivision
plat or final plat of a planned unit development is recorded in the
Recorder's Office of Grundy County. All improvements shall be
completed within such a time as required by the Village. A subdivider
or developer shall make any cash contribution required under this
section upon the issuance of a building permit. The money shall be
paid to the Village Clerk.
Where the Comprehensive Plan or the standards of the Village
call for a larger amount of park and recreational land 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 and designated for subsequent purchase by the Village
or other public body designated by the Village; provided that within
one year from the approval of the final plat, the designated public
body signs a contract to purchase the land or files a condemnation
suit in pursuit thereof.
Where the subdivision or development is less than 40 acres,
public open space which is to be dedicated should, where possible,
be combined with dedications from adjoining developments in order
to produce usable recreation area without hardship on a particular
developer.
All sites shall be dedicated with access to full service of
electricity, gas, water, sewer, streets, storm drainage and curb and
gutter as applicable and in conformance with the location of the site
or acceptable provision made therefor.
If, following the Village's acceptance of parkland dedicated
to it in accordance with conditions of approval of any tentative parcel
map for a subdivision, the Village Board determined that there is
another site available that would more suitable to serve the park
and recreational needs of future inhabitants of such subdivision,
or that there is another site available that could be developed, operated,
and maintained in a manner which meets the needs of the future inhabitants
of the subdivision for park facilities at a cost significantly less
than the cost of developing, operating and maintaining the dedicated
land for park or recreational purposes, then the Village Board may
either sell the dedicated land and use the proceeds from such sale
to acquire and develop such other site for park and recreational purposes,
or may exchange the dedicated land for such other site.
[Added 7-27-2016 by Ord.
No. 16-16]
All sites shall be dedicated in a condition ready for full service
of electrical, gas, telephone and other utility lines, water, sewer,
and streets (including enclosed drainage and curb and gutter), as
applicable to the location of the site, and shall otherwise comply
with Village Code requirements. In addition, all sites shall be suitable
for constructing a parkland facility and shall be free of any environmental
contamination.
[Added 7-27-2016 by Ord.
No. 16-16]
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 §
155-78B, 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 (attorneys,
appraisers, statisticians, etc.) to assist it in its review of issues
raised by any objection.