G-226 - 02/14/1978 - SUBDIVISION - Ordinances 1 1
ORDINANCE NO.
AN ORDINANCE AMENDING THE SUBDIVISION CONTROL REGULATIONS
OF THE VILLAGE OF OAK BROOK SO AS TO PROVIDE FOR
CONTRIBUTIONS FOR SCHOOL DEVELOPMENT PURPOSES
WHEREAS, in the recent past the Village of Oak Brook, DuPage and
Cook Counties, Illinois (hereinafter referred to as the "Village"), has
experienced substantial population increases due principally to the subdivision
of vacant land for residential use within the jurisdiction of the Village; and
WHEREAS, the Village," in the review and updating of its Comprehensive
Land Use Plan, has found that growth will continue to increase in the future, .
resulting in further population increases and the reduction of available land;
and _
WHEREAS, the Village has found that the enhancement of community life
within the jurisdiction of the Village depends to a substantial degree upon the
provision for and availability of adequate school facilities; and
WHEREAS, it is hereby found and determined that the public interest,
rconvenience, health,'welfare,--and safety requires that.owners or developers of
such subdivisions make provision for school facilities within the Village in ac-
cordance with the criteria hereinafter set forth, which criteria are substantially
consistent with the criteria of the school districts operating within the jurisdiction
....of the.Village; and
WHEREAS, demographic studies of the residential portions of a proposed
subdivision can be readily and scientifically conducted to determine the number
xof elementary and secondary school age ,children to be generated therefrom and
=to provide a-method whereby:the required contributions directly-attributable-�to
the activity of the owner or subdivider in the proposed subdivision may be
calculated; and
WHEREAS, it has been found and determined that the provision of
( school"facilities to serve the immediate and future needs 'of students of each
subdivision is just as essential to proper land development and community life
as are streets, water, sewers, sidewalks, and other public improvements
,required under the ordinances, rules, and regulations of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND
COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION 1: The provisions of the preamble hereinbefore stated are herein
incorporated as though herein fully set forth.
SECTION`-2: -Article-VI of Appendix'B of the-Municipal Code-of Oak Brook, -1977,
as Amended, the same being the Subdivision Regulations of Oak Brook, is hereby
Yd ^pr,ovideja.5_ection.5 ;ther�of, to read in,full as follo<<rs:
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` of land into more than five (5) lots for residential purposes and
as a condition of approval of a final plat of subdivision, each
owner or subdivider thereof will be required to dedicate land for
school purposes to.serve the immediate and future needs of the
residents of the subdivision for school facilities, or in lieu of
actual land dedication, a cash contribution, or a combination of
land and.cash, all in accordance with the following criteria and
formula:
(A.) Requirement.and Population Ratio:
The number of students to be generated by a subdivision
shall bear directly upon the amount of land required to
be dedicated for school sites. This land dedication re-
".,'"quirement shall be determined by obtaining the ratio of
(1) the estimated number of children to be generated in each
school classification by the subdivision over (2) the
maximum recommended number of students to be served in
each school classification as stated herein, and then ap-
" plying that ratio .'to (3) the minimum recommended number
of acres for a school site for each school classification as
stated herein. The product thereof.shall be the number of
acres of.land deemed needed for school site purposes to
Yserve the needsof the children-in each school classification
generated by the subdivision:
`(B) School Classifications Size of School Site: -
For purposes of this Ordinance, school classifications and the
size of school sites within the Village shall be determined in
accordance with the following criteria:
Minimum No. of
Maximum No. of 'Acres of Land for
Students for each each School Site of
School Classifi- --such School such Classification
cation by Grades °' ' Classification
Elementary
Schools, Grades
Kindergarden -
through 5 600 Students 11 Acres 1-
Junior High
Schools, Grades
-6,through-.,8 Sfazdens -L9-Acres
High Schools,
Grades 9 through
12 2, 300 Students 48 Acres
(C) Location Sites:
The standards adopted by the affected School District shall
:,be used•. s;a_guideline in-locating.-sites.
(D) Criteria for Requiring a Cash Contribution in Lieu of Land
Dedication:
sii! dtft§ian-is -=iall-and-the"resulting"acreage
too small to be practical, or when the available land is
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inappropriate for school site purposes, or when the owner
or subdivider shall otherwise agree with an involved school
district or other such public body with jurisdiction, the
Village shall require or permit the owner or subdivider to
make a cash contribution in lieu'of the required land dedication
under this Ordinance. Such cash contributions shall be paid to
the appropriate school district or other public body having
jurisdiction over schools in the area in which the particular
subdivision is located, to be held in trust by such school
district or public body solely for use in the acquisition of
land for-facilities to serve the immediate or future school
needs of the residents of the subdivision, or for the improve-
ment of any existing school site that already serves such needs,
except that when an owner or subdivider shall otherwise reach
agreement with an involved district as hereinbefore referred to
then any cash contributions shall be-paid and used as provided .
in said agreement. In the event any portion of a cash contribution
- made under the provisions of this Ordinance is not expended for
the purposes expressed in this Ordinance within ten (10) years
-
from the date of payment, it shall be refunded to such owner or
subdivider who`made the contribution; provided, however, that
all earnings on investment of such funds during said period
shall accrue to and become the property'of the particular school .
district or public body. ' A condition to the payment of such cash
contributions shall be the execution by the receiving body and the
delivery thereof to the Village of an agreement in form acceptable
o the'Village., whereby -said receiving body shall hold the Village
and its officers, agents, and employees harmless.from and
against all loss, expense,•and liability resulting from the pay-
ment of such cash contributions and the intended use thereof,
under the provisions of this Ordinance.
(E) Fair Market Value:
Cash contributions in lieu of land shall be based on the "fair
_market value"..of the land, :improved as specified herein, .that
otherwise would have been dedicated for school purposes under
the provisions of this Ordinance. It is hereby determined that
the present "fair market value" of such improved land in the
Village is thirty-three thousand dollars ($33, 000. 00) per acre;
..and this value_shall be used in making any calculation required
hereunder, unless the owner or subdivider files an objection
in writing to such value with the Village. In this event, the
owner or subdivider shall submit to the Village'a current
written appraisal prepared by a qualified appraiser showing
""fair market value'.' of such-improved land. `:Thereupon, the
Village shall make a determination, which shall be final, of
such value. In making this final determination, the Village
shall take into account the information submitted by the owner
or subdivider and such other information as it shall deem
pertinent=and advisable, `including such information as maybe
submitted by the affected school district.
(F) Criteria for Requiring both a Dedication of Land and a Cash
.;.Contribution.
i
I
It is recognized that there are occasions in the development of
,subdivisions when-a combination.of.land-4- edication and, _partl i
li e• awash>cz�xstx � tires ojh, } l c..neeessnry--mri
"ad-Hi ,ible. 'These occasions7inc7ude 11) when U ni -ptsrtion-o
the land to be subdivided is proposed as the location of a school
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site, that portion of the land within the subdivision situated
in the proposed location shall be dedicated in the manner
herein provided, and a cash--contribution in lieu thereof
shall be required for any additional land that would have
been required to be dedicated in accord with the provisions
of this Ordinance; or (2) when a major portion of the school
site has already.been acquired and only a small portion of
land is needed to complete the site, such remaining portion
shall be required by dedication and a cash contribution in
lieu thereof for the balance shall also be required.
(G) Student Generation: ..._
(1) ;The number of students generated by a residential unit
in a subdivision shall be determined by the Village
annually as of December 31 of that year and shall
.remain constant for the next succeeding twelve (12)
month period. In making this determination the Village
shall take into account the-average number of elementary
and secondary school students historically generated by
.the various residential developments_ in the .Village for .
a period of at least five (5) prior years, and such other
•information as the Village deems pertinent, including
such.information as is available from sources such as
the Illinois School Consulting Service, Naperville, Illinois,-
and that which may be submitted by the affected school -
- _ district.
(2) The number of students to be generated by.each residential .
unit to be constructed in the subdivision shall also be
determined by the Village and.shall be done at the time of
final plat approval and shall be based on the number of lots
contained in the subdivision. The owner or subdivider may
- file a written objection to the .determinations of the Village
made in the manner described above in which event the_
owner or subdivider of the subdivision shall his
own demographic study showing the student population to
be generated by the subdivision. Thereupon, the Village
shall make a determination of the same, which determination
shall .-
be final.
_(3) It is to be recognized that population densities, student
generation figures, age distribution, and local conditions
char ge.,pver the fye.ar-s,and,,,the,specffi c,fo.i=ula.,for,.the'
dedication of land, or in lieu thereof a cash contribution,
as herein provided, is subject to periodic review as
herein contemplated or otherwise, and amendment as
necessary.
(4) The number of elementary school children (Kindergarden
through Grade 5) per residential unit to be utilized for the
period ending December 31, 1977, shall be .35; the number
`of.Juni.or High school children (Grades 6 through 8) per
"residential unit to be utilized for the same period shall
be .30; and the number of secondary school children
_(Grades 9 through-12) per residential unit to be utilized
;.for-.the..same.per�.od shall,be . 30.
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(H) Topography of Sites:
The slope, topography, and geology of a dedicated site as
well as its surroundings must be suitable for its intended
purpose.
(I) Improved Sites
All sites shall be dedicated fully improved in the manner ,
prescribed under the ordinances, rules, and regulations of
the Village, as applicable to the location of the site, or
acceptable provision made therefor. "
SECTION 3: The dedications and contributions required by this Ordinance shall also
be required as a condition*to the annexation of any land to the Village and provisions
therefor shall be incorporated in any pre-annexation agreement governing such land. '
SECTION.4: If any provisions of this Ordinance or the application thereof to any
person or circumstances is declared invalid by a court of competent jurisdiction,
such partial invalidity shall not affect other provisions or applications of this
:Ordinance, which can be given effect without the invalid provision or application
thereof, and to this extent the provisions of this Ordinance are declared to be severable.
SECTION 5: Any Ordinance, rule, or regulation of the Village in conflict with .
-any provision or regulation contained in this Ordinance: all be and is hereby
repealed insofar as it is.in conflict herewith.
SECTION 6: This Ordinance shall be in full force and effect from and after its
:passage, approval, and publication,in pamphlet form as provided bylaw. :This
Ordinance shall on its effective date apply to all then pending applications for
approval of final plat, except those which on said effective date have received the
approval and recommendation of the Plan Commission of the Village and await
only action by the Corporate Authorities of the Village in the manner otherwise
customarily provided under the -currently .effective ordinances and regulations
-of the Village.
PASSED this li day of `a �o�. 1978.
-.:AYES: �
NAYS: a
ABSENT:
.=APPROVED this ,-� 3 , day of "` \,Z22�(}7t•: r_,t1 1978.
"President,
Board of Trustees
ATTEST: _
Willage:Clerk
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Li -jhe�fiaesaif-the-_V_ .lage Mark rd pi:bl .hed:in-pasrtpb3-et form y �oxity
. *e1',r��.;��^r:l:antiara o :trustees a� tre�7iTla;e 'rool� this �" c3ay�°t
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5 _
1978.
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1 A
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Village Clerk
PROV S O FORM:
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