As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, or in application for permit for a mobile home park, each subdivider, developer, or builder will be required to dedicate land for school sites to serve the immediate and future needs of the residents of the development, or to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the city with concurrent recommendation from the school district in accordance with the criteria and formula set out in this chapter. (Ord. 1150, passed 7-21-92)

(A) Requirement and population ratio. The ultimate number of students to be generated by a subdivision, mobile home park or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites as determined in accordance with the data for the estimated number of children entering school per type of dwelling unit found in the latest edition of the Illinois School Consulting Service Reports. The land dedication requirement shall be determined by obtaining the ratio of: (1) estimated children to be served in each such school classification over the (2) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the (3) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. The subdivider, developer or builder shall convey to the affected school district the land required under this chapter within thirty days after any subdivision plat or final plat of a planned unit development is recorded in the recorder’s office of the county or within thirty days after receipt of a permit for a mobile home park.
(B) School classification and size of school. School classification and size of school sites within or serving the city shall be determined in accordance with the following criteria:

(C) Location. A comprehensive school plan and/or the standards adopted by the school district shall be used as a guideline in locating school sites. (Ord. 1150, passed 7-21-92; Am. Ord. 1449, passed 11-5-02)

(A) Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for a school site, the city, with the recommendation of the board of education of the school district, shall require the subdivider, developer or builder and, where appropriate, the dwelling unit owner to pay a cash contribution in lieu of the land dedication required according to the following procedures:
(1) The school district administration shall calculate the total amount of a cash contribution attributable to the respective development; all payments shall be paid directly to the district and it shall be the responsibility of the district to collect and administer such funds;
(2) Upon approval of a final plat of subdivision; or of a final plat of a planned unit development, or in application for permit for a mobile home park, the subdivider, developer or builder shall pay $300 per each dwelling unit of the total amount of each cash contribution per dwelling unit for the respective development to the school district;
(3) As a condition to receive a building permit from the city, for each dwelling unit located within the respective development the remaining amount of the cash contribution per dwelling unit as calculated by the school district shall be remitted to the school district by the individual who applies for such permit;
(4) In the event a refund is owed the subdivider, developer or builder of the development as calculated by the school district, such refund shall be remitted by the school district.
(B) The schedule of payments shall be prepared by the school district and filed in the office of the recorder of deeds, Will County, and the office of the city clerk. (Ord. 1550, passed 7-21-92)

The cash contributions shall be used in the acquisition of land to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs. Improvement under this section shall be liberally construed and shall include, but shall not be limited to, the development of parking lots; sidewalks; traffic signals; arterial streets; collector streets; internal roadways; connections with sewer, water and electrical lines; playgrounds; recreation grounds; and athletic fields. Improvement shall also include the purchase of any material, goods or equipment necessary to said development and construction. Improvement shall further include the construction of buildings; additions to existing school buildings; and remodeled or renovated non-instructional spaces in units to be used at a school site. Receipts from subdividers’, developers’ or builders’ cash contributions can also be used for augmenting operation funds of the school district as needed due to the increased enrollment of students. (Ord. 1150, passed 7-21-92)

The cash contributions in lieu of land shall be based on the “fair market value” of the acres of land in the area improved as specified herein that otherwise would have been dedicated as school sites. It is hereby determined that the present “fair market value” of such improved land in and surrounding the city is $105,000 per acre. Such amount shall be used in making the calculation for school contributions unless the subdivider, developer or builder files a written objection thereto. In the event of any such written objection, the subdivider, developer or builder shall submit an appraisal showing the “fair market value” of such improved land in the area of his subdivision or development or other evidence thereof. Final determination of said “fair market value” of such improved land shall be made by the city council based upon the information submitted and from other sources which may be submitted to the city council by school districts or others. (Ord. 1449, passed 11-5-02; Am. Ord. 06-06-20-02, passed 6-20-06)

There will be situations in subdivisions, mobile home parks or planned unit developments when a combination of land dedication and a 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;
(B) A major part of a 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. (Ord. 1150, passed 7-21-92)

Table 162.06 below, the Table of Estimated Ultimate Population Per Dwelling Unit, is generally indicative of current and short range projected trends in family size for new construction as determined by the Illinois School Consulting Service 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, developer or builder with the city.

Source: Illinois School Consulting Service/Associated Municipal Consultants, Inc. (1996)

(Ord. 1150, passed 7-21-92; Am. Ord. 1449, passed 11-5-02)

In the event a subdivider, developer or builder files a written objection to the Table 162.06 the Table of Estimated Ultimate Population Per Dwelling Unit listed in Section 162.06 of this chapter, he shall submit his 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 such calculation shall be made by the city council based upon such demographic information submitted by the subdivider, developer or builder and from other sources which may be submitted to the city council by the school district 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 cash contributions in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary. (Ord. 1150, passed 7-21-92)

Where the comprehensive plan of the city calls for a larger amount of school sites in a particular proposed subdivision or planned unit development than the subdivider, developer or builder is required to dedicate, the land needed beyond the subdivider’s, developer’s or builder’s contribution shall, if so determined by the city council, be reserved for subsequent purchase by the city or other public body designated by the city, provided that such acquisition is made within one year from the date of approval of the final plat. (Ord. 1150, passed 7-21-92)

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 usable school sites without hardship on a particular subdivider, developer or builder. (Ord. 1150, passed 7-21-92)

The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for school sites shall not differ greatly from surrounding land. (Ord. 1150, passed 7-21-92)

All sites shall be dedicated and improved in accordance with the current requirements of the applicable city ordinances and in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of improved sites may be deleted due to the delay time between dedication of any such school sites and construction of school facilities thereon. (Ord. 1150, passed 7-21-92)

All sites shall be conveyed to the school district either by warranty or trustee’s deed. The subdivider, developer or builder shall be responsible for conveying good, merchantable title to such sites, and shall be responsible for payment of all real estate taxes to the date of conveyance, including any agricultural roll back taxes which might be extended or levied against such sites for any tax years or periods prior to the time of conveyance. The subdivider, developer or builder shall provide a title policy naming the affected school district as insured, evidencing good and merchantable title to such sites. (Ord. 1150, passed 7-21-92)

The dedications of land or cash contributions in lieu thereof required by this chapter shall also be required as a condition to the annexation of any land to the city and provisions thereof shall be incorporated in any preannexation agreement governing such annexed land. (Ord. 1150, passed 7-21-92)

The city shall review this chapter every three years to determine whether the land value and demographic information herein set forth is consistent with current values and data. Additionally, three years after the effective date of this section, any or all affected school districts may submit a demographic study based upon local information and data for the city’s consideration. The city may, at its sole option, adopt such local study to be used for calculations under this chapter. (Ord. 1449, passed 11-5-02)