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.
A. 
Where the development is small and the resulting site is too small to be practical or when the available land is geologically and topographically inappropriate for park and recreational purposes as determined by the Village, or where the Village, in its discretion, determines a land dedication to be otherwise inappropriate, the Village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contribution in lieu of park and recreation land, as herein classified, will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation land needs and not, however, to include operational expenses. The Village shall hold the donation plus all accumulated interest in a separate account specifically for the acquisition or improvement of park and recreational land and/or acquisition of equipment and buildings for park and recreational land.
B. 
Fair market value. 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 parkland site as set forth in § 155-76. The fair market value, on a per-acre basis, shall assume, unless otherwise determined pursuant to § 155-85, 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 § 155-84, 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 contributions herein unless timely objected to as provided in § 155-85. Objections to the fair market value as defined above shall be made to the Planning Commission in accordance with § 155-85. Failure to timely object to the fair market value, as defined above, in accordance with § 155-85 shall thereafter waive any right to raise an objection at a later time.
[Amended 7-27-2016 by Ord. No. 16-16]
C. 
Criteria for requiring land dedication and cash contribution. There may be situations in subdivisions or developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:
(1) 
Only a portion of the land to be developed is proposed as the location for a park site. That portion shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required;
[Amended 7-27-2016 by Ord. No. 16-16]
(2) 
A major part of the local park or recreation 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.
D. 
Credit for private open space and recreation areas.
(1) 
When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of development, a portion of the park and recreation areas in subdivisions or developments may, at the option of the Village, be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the Village, based on the type of recreational needs of the projected residents and in conformance to the total park and recreational land requirements or the general area pursuant to Table I.
(2) 
In general, a substitution of private open space for dedication of parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the subdivider or developer as part of his obligation. Detailed plans of such areas, including specifications or facilities to be installed, must be approved by the Village, and before any credit is given for private recreation areas, the subdivider or developer must establish a permanent system of maintenance with the execution of the appropriate legal documents. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total parkland dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given.
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.
A. 
The shape, topography and geology of the dedicated site, as well as its surroundings, must be suitable for its intended purposes. The bulk of the intensive park or recreation area should have a width/depth ratio of 1/2, unless otherwise accepted by the Village.
B. 
As a general rule, at least 50% of the dedicated land shall be buildable for permanent structures as determined through the appropriate topographical studies and soil tests.
C. 
All land required for dedication for park purposes shall be in addition to that required by other ordinances or regulations. Wetlands and floodplains may be accepted for Village ownership and maintenance, but shall not serve as a credit toward the parkland site contribution. Stormwater detention areas shall not be accepted for Village ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the stormwater control system shall not serve as a credit toward the required site contribution. Retention areas shall not be accepted for Village ownership and maintenance and shall not serve as a credit toward the required parkland site contribution.
[Amended 7-27-2016 by Ord. No. 16-16]
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.