G-515 - 07/27/1993 - SUBDIVISION - Ordinances S(48 diu/S/oA!
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ORDINANCE 93-SU-G-515 7� 5.3
AN ORDINANCE AMENDING THIS SUBDIVISION REGULATIONS
OF THE VILLAGE OF OAK BROOK
RELATING TO CONTRIBUTIONS FOR SCHOOL DEVELOPMENT PURPOSES
WHEREAS, application has been made to amend certain provisions of the
Subdivision Ordinance pertaining to contributions for school development
purposes; and
WHEREAS, the "fair market value" of an acre of land is used in the
Ordinance in determining the applicable school contribution; and
WHEREAS, the "fair market value" of an acre of land has not been
modified since the original school contribution ordinance was passed in 1978;
and
WHEREAS, the "fair market value" of an acre of land in the Village has
risen substantially as reflected in the York Township Assessor's figures which
were furnished by the applicant; and
WHEREAS, it is necessary and appropriate that the school contribution
ordinance be amended to reflect current fair market land values; 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 provisions for and availability of adequate school facilities; 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; and
WHEREAS, it is in the best interests of the Village of Oak Brook that
the following amendments be made.
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: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That the introductory paragraph of Section 5 of Article VI
of Appendix B of the Code of Ordinances of the Village of Oak Brook is hereby
amended to read as follows:
s' —.5
Ordinance 93-SU-G-515
Amending the Subdivision Regulations
Relating to Contributions for School
Development Purposes
Page 2
"Section 5. School Contributions.
In the case of the subdivision of land into two or more lots or
upon approval of a planned unit development 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; provided that any lot
already improved with a single-family dwelling after a subdivision
or resubdivision of land shall not be subject to these criteria
and formula.
Section 3: That Section 5(D) of Article VI of Appendix B of the Code of
Ordinances of the Village of Oak Brook is hereby amended to read as follows:
"(D) Criteria for requiring a cash contribution in lieu of land
dedication. When a subdivision is small and the resulting acreage
too small to be practical, or when the available land is
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, or the construction of new facilities, or the
addition to existing facilities, to serve the immediate or future
school needs of the residents of the subdivision, or for the
improvement 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
to the Village, whereby said receiving body shall defend, save and
Ordinance 93-SU-G-515
Amending the Subdivision Regulations
Relating to Contributions for School
Development Purposes
Page 3
hold the village and its officers, agents and employees harmless
from and against all loss, expense and liability arising out of
the payment of such cash contributions and the intended use
thereof under the provisions of this ordinance.
Section 4: That Section 5(E) of Article VI of Appendix B of the Code of
Ordinances of the Village of Oak Brook is hereby amended to read as follows:
"(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 one hundred thousand dollars
($100,000) 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 may be submitted by the
affected school district."
Section 5: 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 6: 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 7: That any ordinance, rule or regulation of the Village in
conflict with any provision or regulation contained in this ordinance shall be
and is hereby repealed insofar as it is in conflict herewith.
Section 8: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 9: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
Ordinance 93-SU-G-515
Amending the Subdivision Regulations
Relating to Contributions for School
Development Purposes
Page 4
PASSED THIS 27th day of July , 1993.
Ayes: Trustees Bartecki, McInerney, Skinner & President Bush
Nays: Trustees Payovich and Shumate
Absent: Trustee Remy
Abstain: None
APPROVED THIS 27th day of July , 1993.
41age President
ATTEST:
Village Clerk
Approved as to Form:
b .e - -
Village Attorney
Published 7-29-93 Pamphlet Form
Date Paper
Not Published
Dept
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3�00
July 23, 1993
MEMO TO: Village President and Board of Trustees
SUBJECT: School Contribution Ordinance /�on 61-C /�iSTQ�C 1
Pursuant to your direction, I have drafted the attached ordinance which amends certain
provisions of our Subdivision Ordinance pertaining to school contributions. I have
forwarded copies of this draft ordinance to the attorneys for School District 53 and
solicited their comments. So far as I know, they support and approve the attached
ordinance.
I understand you will consider this draft ordinance at your meeting on July 27, 1993.
Respectfully submitted,
a �
Richard A. Martens
Village Attorney
RAM:sps
Attachment
cc: Maggie Powers, Village Manager
Robert Nielsen, Building Commissioner
Tom Hawk, Director of Code Enforcement
DRAFT
VISITORS BUREAU:
Trustee Bartecki moved to approve the Voucher List of Bills with the
deleted hotel/motel tax fund receipts for January-March, 1993.
Seconded by Trustee Skinner. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, McInerney, Payovich, Shumate
and Skinner.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
7. ORDINANCES AND RESOLUTIONS:
A. ORDINANCE NO. 93=SU-G-515 AN ORDINANCE AMENDING THE ORD. NO.
SUBDIVISION REGULATIONS OF THE VILLAGE OF OAK BROOK 93-SU-G-515
RELATING TO-CONTRIBUTIONS FOR SCHOOL DEVELOPMENT SUB. REGS.
PURPOSES (School District #53): ANM MMENT -
SCHOOL
Discussed and direction given at the Regular Meeting of July 13, CONTRIBUTIONS
1993.
Trustee McInerney inquired if an index rather than a value can be
used for school development purposes. President Bushy noted 1978
was the last time an adjustment was made.
Attorney David Gooder stated to the Board that history shows a
$400,000 value is too high, as Mayslake sold at $200,000 an acre.
�-- Trustee Shumate again reiterated he would vote against the proposal
rather requesting a referendum to the residents on the issue.
Errol Kirsch, Architect for Covington Court resubdivision of
Whitehall Park, noted he acquired their property at $154,000 per
acre of 39 lots with only one home being developed.
Trustee Skinner moved to pass Ordinance No. 93-SU-G-515 amending
Section 4(E) Fair market value to $400,000 per acre and waive the
full reading thereof. Seconded by Trustee Bartecki. ROLL CALL
VOTE:
Ayes: 0 - None.
Nays: 5 - Trustees Bartecki, McInerney, Skinner, Payovich
and Shumate.
Absent: 1 - Trustee Kenny. Motion carried.
Trustee Skinner amended his motion to $100,000 per acre. Seconded
by Trustee Bartecki. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, McInerney, Skinner and
President Bushy.
Nays: 2 - Trustees Payovich and Shumate.
Absent: 1 - Trustee Kenny. Motion carried.
VILLAGE OF OAK BROOK Minutes 4 July 27, 1993
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
July 29, 1993
Municipal Code Corporation
1700 Capital Circle S.W.
P. O. Box 2235
Tallahassee, Florida 32304
Attention: Mr. Robert Laslie
Dear Mr. Laslie:
The Village Board, at their Board Meeting of Tuesday, July 27, 1993, passed and
approved the following ordinance:
�?RDINANCE NO. 93-SU-G-515 AN ORDINANCE AMENDING THE
SUBDIVISION REGULATIONS OF THE VILLAGE OF OAK BROOK RELATING
TO CONTRIBUTIONS FOR SCHOOL DEVELOPMENT PURPOSES
ORDINANCE NO. 93-PL-G-516 AN ORDINANCE AMENDING ARTICLE VI
OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF OAK
BROOK RELATING TO LEAVE OF ABSENCE PURSUANT TO THE FAMILY
AND MEDICAL LEAVE ACT OF 1993
The above Ordinances are being forwarded to you for inclusion in the next
supplement of the Code of Ordinances of the Village of Oak Brook. I would
appreciate your acknowledging receipt of this Ordinance.
Sincerely,
Rich rd A. Martens
Village Attorney
RAM/jr:mcode(wp:forms)
Enclosure
cc: Official File
cc: Linda Gonnella
Municipal
Code
Corporation
September 28, 1993
Mr. Richard A. Martens
Village Attorney
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521-2255
Dear Mr. Martens:
We regret to learn that the recodifiardedntoroje t for
the Village of Oak Brook has been
It is generally a good idea to continue supplementation
of a current Code for a while since recodification
projects require many months to complete.
We continue to receive ordinances for inclusion in the
t
Oak Brook Code and will continue provide
thereto until advised by you they are no longer
required. Work on Supplement No. 62 is scheduled to
commence October 10, 1993 . We have on hand Ordinance
Nos. G-515 through G-520 to be considered for inclusion
in the Supplement; please forward any additional
ordinances to be considered as soon as possible.
We appreciate the opportunity to be of service to the
We
Village of Oak Brook in the of
trust that you will call on u
any assistance.
Sincerely, g� n
Betty E11 , Secretary
Supplement Service
Post Office Box 2235
1700 Capital Circle,S.W.
Tallahassee,FL 32316
(904)576-3171
1-800-262-CODE
o� FO,ks
9Of COUNty'�yy
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521-2255
October 5, 1993
708 990- 3000
Ms. Betty Ellis, Secretary
Supplement Service
MUNICIPAL CODE CORPORATION
1700 Capital Circle S.W.
P. O. Box 2235
Tallahassee, FL 32316
Re: Recodification Services
Dear Ms. Ellis:
Per your telephone conversation with Sandy Schmidt, our Legal Secretary, on Monday,
October 4, 1993, this is to confirm our desire for you not to proceed with the preparation
of Supplement No. 62 covering Ordinance Nos. G-515 through G-520.
It has been a pleasure over these many years working with the fine staff at Municipal
Code.
Sincerely,
Lin a, K. Gonnella
Village Clerk
sps
cc: Ms. Elen Fox, Municipal Code, Kalamazoo
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
October 5, 1993
Sterling Codifiers, Inc.
35 West Commercial
P. 0. Box 711
Weiser, ID 83672
Attention: Robertson S. Rollins
General Manager
Dear Bobbi:
The following ordinances have been passed and approved by the Village Board at
various past meetings. Since our previous codifier has yet to begin codification
on said ordinances, I am enclosing these ordinances for inclusion in the Code of
Ordinances of the Village of Oak Brook.
,o! RDINANCE 93-SU-G-515 AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS OF THE VILLAGE OF OAK BROOK RELATING TO
CONTRIBUTIONS FOR SCHOOL DEVELOPMENT PURPOSES
ORDINANCE 93 PL-G-516 AN ORDINANCE AMENDING ARTICLE VI OF THE
PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF OAK BROOK
RELATING TO LEAVE OF ABSENCE PURSUANT TO THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
ORDINANCE 93-PW-CR-G-517 AN ORDINANCE AMENDING SECTION 12-86
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
ILLINOIS RELATIVE TO PERMIT REQUIREMENTS
ORDINANCE 93-ZO-G-518 AN ORDINANCE AMENDING SECTIONS V(B)
AND XIV(B) OF ORDINANCE G-60, THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK, ILLINOIS
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A RA F r G-.50/S70 E N,D
Sterling Codifiers, Inc.
October 4, 1993
Page 2
ORDINANCE 93-TX-UT-G-519 AN ORDINANCE FURTHER AMENDING
ORDINANCE G-470, "AN ORDINANCE ESTABLISHING A UTILITY TAX
WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS"
ORDINANCE 93-ZO-TA-G-520 AN ORDINANCE AMENDING SECTION
VIII(E)(1) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK
BROOK, ORDINANCE G-60 AS AMENDED, RELATIVE TO PERMITTED USES
IN THE B-3 GENERAL BUSINESS DISTRICT
I would appreciate your acknowledging receipt of these Ordinances.
S' c ly,
irk
Richard A. Martens
Village Attorney
RAM/jr:scode(p.2)(wp:forms)
Enclosures
cc: Official File