The purpose of these regulations is:

   (A)   To establish reasonable rules and regulations governing the subdivision, development and platting of land, the preparation of plats, the location and extension of streets and highways, the installation of utilities and the provision of necessary public grounds for schools, parks, playgrounds and public open space;

   (B)   To promote and protect the public health, safety and general welfare, to conserve, protect and enhance property values and to secure the efficient use of land;

   (C)   To discourage scattered development beyond existing public utilities and to facilitate the adequate provision of public improvements;

   (D)   To assure the development of land for optimum use with necessary protection against deterioration and obsolescence;

   (E)   To limit and control the pollution of the environment that can be caused by inadequate or incomplete urban development;

   (F)   To provide common grounds of understanding and a sound working relationship between the village and the developer; and

   (G)   To implement the goals and objectives of the comprehensive plan.

(Ord. 2021-05-15, passed 5-3-2021)

   No subdivision of land, as set forth below, shall be conducted or occur within the village or in any unincorporated area that is within one and one-half miles of the corporate limits and covered by the village's comprehensive plan until the provisions of this Unified Development Ordinance have been met.

   (A)   The following acts shall constitute the subdivision of land:

      (1)   The division of land (for any purpose) into two or more lots or parcels of record.

      (2)   The changing or rearranging of the boundary, division, or lot lines of any parcel of land.

      (3)   The consolidation of two or more lots or parcels of record for the purpose of development.

      (4)   Development that involves the construction of any public improvements that are to be dedicated to the village, or private roads that intersect or connect with public roadways.

      (5)   The development of multiple-unit structures with the intent of dividing them into individual condominium units, to be sold and owned separately, with or without common areas.

      (6)   The creation of a planned development of single entities or contiguous land, according to a single plan as provided in Article 16-7 of this UDO.

   (B)   No plat of subdivision shall be entitled to be recorded in the county recorder's office or have any validity until it has been approved in the manner provided in this UDO.

   (C)   No development shall be entitled to the issuance of a building permit until such development meets the requirements, terms and conditions of this UDO.

   (D)   No person, firm or corporation required to make or having made a subdivision within the village or any area within the extra-territorial plat approval jurisdiction of the village shall proceed with any construction work, including grading, unless Stormwater Certification and a land improvement permit have been previously issued, until the final plat of subdivision has been properly recorded.

(Ord. 2021-05-15, passed 5-3-2021)

   The Engineering Services Director is authorized to develop, adopt and amend from time to time, engineering and design standards for the design, installation and construction of public and private improvements. All subdivisions and the installation of all public and private improvements within any development shall comply with the requirements established in the Manual of Design Standards and Construction Specifications, as amended from time to time.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   Where not shown on the comprehensive plan, the arrangement of streets within a subdivision shall either:

      (1)   Provide for the continuation or projection of existing principal streets in adjacent areas; or

      (2)   Conform to a plan for the area or neighborhood approved or adopted by the Village Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

   (B)   All street right-of-way widths shall be designed in accordance with the minimum dimensions set forth below.

      (1)   Residential local/cul-de-sac - 66 feet;

      (2)   Residential collector - 80 feet;

      (3)   Commercial or industrial - 80 feet.

   (C)   All required pavement widths, curves, gradients and sight distances shall be as shown in the Manual of Design Standards and Construction Specifications maintained by the Engineering Services Department.

   (D)   Street jogs with centerline offsets of less than 125 feet shall be avoided.

   (E)   All street intersections and confluences shall encourage safe and efficient traffic flow and, in general, be at or near right angles and in no case shall a street intersect any other street at less than 80 degrees. An intersection of more than two streets shall not be permitted.

   (F)   Cul-de-sac streets may be utilized in residential subdivisions, however in no instance shall cul-de-sac streets reduce the connectivity index of a subdivision below 1.2 (See Figure 16-9-4(G)). A cul-de-sac street in residential subdivisions shall be not more than 600 feet in length, measured along its centerline from the street centerline to the center of the turnaround. Each cul-de-sac street shall have a terminus of nearly circular shape with a minimum right-of-way diameter of 120 feet (See Figure 16-9-4(G)).

   (G)   Half-streets shall be prohibited.

   (H)   Provisions shall be made for vehicular access to residential property abutting a major street by backing lots to the thoroughfare with a planting strip at least ten feet wide along the line adjacent and parallel to the major street. These standards are established for the purpose of providing protection for the residential properties and to provide for traffic safety and the efficient use of the major street for its intended function of accommodating through traffic.

   (I)   Reserve strips controlling access to public utilities, streets or alleys shall be prohibited.

   (J)   Minor streets shall be so laid out that their use by through traffic will be discouraged.

   (K)   Street grades shall provide proper relation between the street and the first floor elevation of the houses or buildings and permit convenient and economical access to and drainage of the lots.

(Ord. 2021-05-15, passed 5-3-2021)

   Easements shall be provided for the following, when applicable, and illustrated on the plat of subdivision along with the easement provision language as provided by the Engineering Services Director.

   (A)   Utility easements. Easements shall be provided to accommodate the infrastructure of the village and holders of a franchise agreement with the village. The width of utility easements within each lot shall not be less than ten feet wide along each rear lot line and five feet along each side lot line. Easements shall be designed to provide access to public right-of-way, as well as continuity between blocks. Additional easements at other locations or a greater width for specific conditions shall be provided when deemed necessary by the Engineering Services Director.

   (B)   Stormwater management & conveyance easements. When required by the DuPage County Stormwater and Flood Plain Ordinance, easements shall be provided over site runoff storage facilities, compensatory storage facilities, and major stormwater systems.

   (C)   Cross-access easements. When access is contemplated through one lot or parcel to another lot or parcel, and no public right-of-way will be dedicated for such purpose, an easement shall be provided from the nearest public right-of-way to its logical terminus. The width of the easement shall be based on the proposed land use and traffic pattern, but no less than 20 feet.

   (D)   Recreational access easement. Easements shall be provided for any sidewalks or shared-use paths that will be dedicated to the village, but are not otherwise within dedicated right-of-way, covering the full width of the paved area or additional width when deemed necessary by the Engineering Services Director.

   (E)   Other easements. Other easements shall be provided whenever required land improvements, not otherwise covered herein, cannot be located within the dedicated public right-of-way. The provision language shall specifically cover said improvements, the language of which shall be provided by the Engineering Services Director.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   The lengths, widths and shapes of blocks shall be determined with due regard to:

      (1)   Provision of adequate building sites suitable to the special needs of the types of use contemplated,

      (2)   Zoning requirements as to lot sizes and dimensions within the corporate limits of the village, and

      (3)   Needs of convenient access, circulation, control, and safety of street traffic.

   (B)   In residential subdivisions, the maximum length of blocks shall be 1,000 lineal feet for neighborhood collector or less intense roadways, and 1,800 lineal feet for all other roadways. No blocks shall be less than 600 lineal feet in length, unless recommended by the Plan Commission and approved by the Village Board.

   (C)   In industrial and business subdivisions, maximum length of blocks shall be as recommended by the Plan Commission and approved by the Village Board.

   (D)   The shape of blocks shall be determined by topographical features, the basic street system and traffic pattern, lot depths and areas designated for public and other non-residential land uses.

   (E)   Blocks or portions thereof intended for commercial or industrial use shall be designated as such, and the plan shall show adequate off-street areas to provide for parking, loading docks and other facilities.

   (F)   Pedestrian crosswalks shall be required where deemed necessary by the Plan Commission and required by the Village Board, to provide for pedestrian circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

   (B)   Width and area of lots shall conform with lot width and area requirements set forth in the UDO of the village or that of DuPage County in the unincorporated areas beyond the village limits.

   (C)   Depth of lots shall be not less than 100 feet in any residential district; except that, where residential lots abut arterial streets, the lot depth shall be a minimum of 135 feet.

   (D)   All residential lots shall abut on a publicly dedicated street or as provided for in Article 16-7 (Planned Development) of this code.

   (E)   Width, area, and depth of lots in an industrial or business subdivision shall be as recommended by the Plan Commission and approved by the Village Board.

   (F)   Side lot lines of lots shall be at right angles or radial to the street line, or substantially so.

   (G)   Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from major streets or highways or to overcome specific disadvantages of topography and orientation. A landscape easement of at least ten feet, and across which there shall be no right of vehicular access, shall be provided along the rear lot lines of lots abutting such highways and major thoroughfares.

   (H)   Lots abutting upon a watercourse, drainage way, channel or stream shall have an additional depth or width as recommended by the Plan Commission and approved by the Village Board in order to provide acceptable building sites.

   (I)   In the subdividing of any land, due regard shall be given to the preservation of natural features, such as trees, watercourses, historical land marks and similar community assets, which, if preserved, would add to the attractiveness and value of the subdivision, neighborhood or the community as a whole. The Plan Commission shall include in its report its conclusions as to compliance herewith.

(Ord. 2021-05-15, passed 5-3-2021)

   The developer shall be responsible for the design and construction of both public land improvements and private land improvements that will serve the future development. The land improvements shall be in accordance with Article 16-5 of this UDO, the village's Manual of Design Standards and Construction Specifications, and the requirements hereinafter, which shall at a minimum consist of the following:

   (A)   Streets, including curb and gutters, street lighting, parkway landscaping and trees, traffic signs and striping, sidewalks, shared use paths, and any other safety-related appurtenances.

   (B)   Street name signs, traffic control signs, and pavement striping and markings.

      (1)   Street name signs. The developer shall provide and install street name signs at each intersection, preferably at the northwest corner, whose street names shall be as shown on the approved plat of subdivision.

      (2)   Traffic control signs. The developer shall provide traffic control signs including, but not limited to, stop, yield and speed limit signs.

      (3)   Pavement striping and markings. The developer shall provide pavement striping and intersection pavement marking on new streets, as well as revising any existing striping and marking impacted by the subject subdivision.

   (C)   Sidewalks and/or shared use paths, ADA ramps, and crosswalks.

      (1)   Sidewalk. Sidewalks shall be provided throughout the subdivision on both sides of the street within the dedicated right-of-way.

      (2)   Shared-use paths. Shared-use paths shall be provided when shown in the comprehensive plan and considered when an existing path is within a quarter-mile of the subdivision boundary. Shared-use paths may be used in lieu of sidewalks on collector or arterial streets.

   (D)   Sanitary sewer system, including service lines to each lot, manholes, lift stations and force main and other related appurtenances.

      (1)   When a sanitary sewer is required in a residential rear or side yard to connect to an existing system or to provide for a future extension, a minimum easement of 20 feet shall be provided.

      (2)   Sanitary service lines shall be installed prior to the construction of any pavement within dedicated right-of-way or shall be installed via a trenchless method. The service shall be installed at least to the property line, its end sealed to prevent infiltration, and its location marked and recorded.

   (E)   Water distribution system, including service lines to each lot, fire hydrants, valves, and other related appurtenances.

      (1)   When a watermain is required in a residential rear or side yard to connect to an existing system or to provide for a future extension, a minimum easement of 20 feet shall be provided.

   (F)   Water service lines shall be installed prior to the construction any pavement within dedicated right-of-way or shall be installed via a trenchless method. The service shall be installed to the property line and terminated with a shut-off valve and enclosure.

   (G)   Stormwater management facilities, including site runoff storage, post-construction best management practices, and major and minor stormwater systems, as well as earthwork to ensure proper drainage throughout the development.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   All utility distribution lines for broadband telecommunications, electric and gas service in the subdivision shall be placed underground entirely throughout a subdivided area.

   (B)   Underground broadband tele- communications, electric and gas service facilities shall be placed within rights-of-way or easements in a manner that will not conflict with other existing or future underground services.

   (C)   All above-ground service facilities shall be located to minimize the adverse aesthetic impact on the environment and create no hazard to the public.

   (D)   Utility lines shall be parallel to and not less than 12 inches from property lines.

   (E)   Monuments and markers disturbed by the installation of utility lines shall be reset by a professional land surveyor licensed in the State of Illinois.

   (F)   Subject to the foregoing requirement to place utility distribution line underground, installation of such facilities shall be made in compliance with the applicable orders, rules and regulations of the Illinois Commerce Commission now or hereafter effective, and the developer shall be responsible for compliance with rules and regulations now and hereafter effective and filed with the Commission pursuant to the State Public Utilities Act, being 220 ILCS 5/1-101 et seq., or any public utility whose service will be required for the subdivision with respect to the provision of such facilities.

(Ord. 2021-05-15, passed 5-3-2021)

   Monuments shall be placed at all corners and angle points of the outside boundary, but no further than one-fourth mile apart. The monuments shall be of concrete, not less than six inches in diameter and 36 inches deep, with a center copper dowel three inches long cast in place. Iron pipe or steel bars not less than one-half inch in diameter and 24 inches long shall be set at all lot corners, at each end of all curves, at the points where a curve changes its radius, and at all angle points in any line that are not otherwise marked by monuments. The monuments and markers shall be set level with the finished grade. The developer shall verify the existence of the monuments and markers after the completion of all construction and replace any that are damaged or missing before final acceptance of the subdivision by the Village Board.

(Ord. 2021-05-15, passed 5-3-2021)

   If the subdivision contains soils with limitations for urban development and, in the opinion of the Engineering Services Director, soil investigations, borings or other soil tests are necessary to determine the nature and extent of such questionable material, a competent testing laboratory shall investigate and provide a report to the Engineering Services Director. The Engineering Services Director shall have no liability for costs connected with the tests, borings, or interpretations of results of such work.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   Donations required. Unless otherwise provided for in an annexation agreement with the village, as a condition of approval of a final plat of subdivision or of a final plat of a planned development, each subdivider or developer shall be required to dedicate land and/or make cash contributions in lieu of land for acquisition of park and school sites; and cash donations for school construction, fire protection, village services, books and library services, and recreation to serve the immediate and future needs of the residents of the subdivision or planned development as herein-after set forth.

   (B)   Donations required from properties outside village corporate limits.

      (1)   In the event that land which is subject to subdivision approval by the village is not within the corporate limits of the village at the time of approval of a final plat of subdivision for the land, the provisions of this article shall not apply to such land with respect to contributions for village library services or in any other instance where the land is not within the jurisdiction of the governmental entity to which the contribution or donation is to be made.

      (2)   However, in the event that land which is subject to subdivision approval by the village is not within the corporate limits of the village at the time of approval of a final plat of subdivision for the land, the governing body of any governmental entity which would be entitled to land and/or cash donations pursuant to this article may request that the village vary the terms of this article by allowing such governmental entity to make its own agreement and/or waiver as to any or all of the donations and amounts thereof required in this article with the subdivider, developer and/or owner of such land. The request shall be made in writing by a resolution adopted by the governing board of such governmental entity. In such an event, the village may, by motion, condition subdivision approval upon compliance with the provisions of this article as the provisions of this article have been modified by the variation and/or waiver.

   (C)   Donations computed on projected population.

      (1)   For purposes of computing the amount of land donations or cash contributions in lieu of land for park and school sites, and cash donations for school construction, fire protection, village services, books and library services and recreation that will be required of each subdivision or planned development to enable the village to provide facilities and services to meet the needs of such subdivision or planned development, its projected population density shall be computed in accordance with 16-9-12(F) set forth at the end of this article, which is generally indicative of current and short range projected trends in family size by age groups.

      (2)   Table 16-9-12(F) shall be used for all population estimates unless a subdivider or developer files a written objection to the village data, together with his or her own demographic study showing the estimated population to be generated by his or her subdivision or planned development. In that event, the final determination of the density formula to be used in such calculations shall be made by the corporate authorities on the basis of the foregoing village data, data submitted by the subdivider or developer, and from other sources which may be submitted to the corporate authorities by the park district, school districts, fire protection district, public library or others. It is recognized that population density, age distribution and local conditions change over the years and that Table 16-9-12(F) is subject to periodic review and amendment, if necessary.

 

      (1)   In addition to the land donation referred to in § 16-9-12(D), or a cash contribution in lieu of land referred to in § 16-9-12(O), each subdivider or developer shall be required to make a cash contribution to aid in the provision of necessary funds for the construction, expansion or rehabilitation of a school for the use of the children who will be generated by the proposed subdivision or planned development, or for other improvements to the extent required in whole or part by the existence of a school.

      (2)   The amount of the cash donation shall be determined by multiplying the estimated number of children in the K-12 school age bracket that will be generated by the proposed subdivision or planned unit development times $1,000 per child. The contribution required for school construction shall be regularly updated, pursuant to § 16-9-12(L). Funds contributed by a developer pursuant to this section shall be deposited with the Village Treasurer to be held in a special fund which shall not be used for any purpose other than for payment of the cost of school construction, expansion or rehabilitation or for other improvements to the extent required in whole or in part by the existence of a school. Any interest which accrues shall also be used for the purposes set forth in this section. Any cash donated to the village for school construction or expansion purposes pursuant to this article which has not been expended for those purposes within 20 years shall be refunded to the developer.

      (3)   The funds and any accrued interest will be apportioned among the school districts affected by a particular development based on the number of students estimated to be generated as set forth at the end of this article in Table 16-9-12(F), or may be expended by the village for construction, maintenance or replacement of physical structures and facilities owned or operated by the village to the extent required in whole or in part by the existence of a school.

      (4)   This cash contribution is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly onerous and to assist developers in meeting this financial responsibility, the cash contributions required in this section shall be payable upon the issuance of the building permit for each dwelling unit.

 

   (F)   Contributions; park sites. Park sites shall be donated and conveyed to the park district in accordance with the following criteria.

         (a)   Except for combined school/park sites, as defined in § 16-9-12(J), the comprehensive plan adopted by the village, and the Carol Stream Park District Master Plan shall be used as a guideline in locating sites. If the village or the park district has not planned a park within the subdivision or planned development or the neighborhood in which the subdivision or planned development is located, the park site shall be so located as to be readily accessible to the people within such neighborhood. Play and athletic fields and large park sites must be conveniently accessible to the community at large.

         (b)   Proper ingress, egress and curb cuts shall be provided. For water areas, provisions must be made for pathway/driveway around these areas for emergency vehicles and police patrol. Provisions for major use of a pathway/driveway for bike riding, walkway, jogging trail and pedestrian traffic shall be made.

         (a)   Land to be dedicated for park sites shall be approved by the village according to its environmental quality, as well as its suitability for active and passive recreational activities. The land is to be dry and usable at all times and not subject to flooding or used as detention. Should a donation include a detention/retention area over and above the five and one-half acres required per 1,000 of ultimate population estimated to be generated by the development, the park district may accept such additional land. No bogs or swamps shall be acceptable as required park sites. Lakes and native prairie wetlands shall not normally be acceptable, but may be approved by the village where the area offers an exceptional amenity or the chance to protect a significant natural resource. No site that has been part of an unlicensed landfill or a toxic waste dump shall be acceptable as required park acreage.

         (b)   Every effort shall be made to conserve for public use and enjoyment those areas of significant natural and environmental value. Except in those specific areas designated by the village for development as playfields or other active areas, all trees, other plant materials, streams and other natural features shall be retained on land to be dedicated for park site use, unless specifically cited by the village for removal by the developer.

         (a)   Prior to conveyance, all sites shall be prepared in accordance with the village's Subdivision Code and water retention/detention requirements, except as varied by the specific terms of this article. In addition, in the event that a park site includes retention/detention areas, slopes must be mowable and shall not exceed a five to one (5:1) slope. Those areas, where by necessity and subject to the approval of the Village Engineer, the grade exceeds five to one (5:1), must have a covering of flagstone or crown vetch which eliminates the need to mow. All areas must be final graded and seeded to meet park district specifications as to seed mixture.

         (b)   All sites shall be conveyed 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. In addition, location of hydrants shall be made in conformance with village requirements. Provision for water for watering vegetation and flooding for ice skating shall be made where appropriate. Sewers for possible installation of restrooms or shelters at a later date shall be provided. Electricity for street lights for future lighting for shelters and security shall be provided. Security lighting along pathway shall be provided.

      (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 the development, a portion of the park and recreational area in subdivisions or planned developments may, at the option of the Village Board, 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 Board, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.

      (2)   In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his or her obligation. Detailed plans of such areas, including specifications of 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 guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents.

      (1)   The amount and quality of land required to be dedicated for park purposes shall first be determined pursuant to § 16-9-12(F).

      (2)   The amount of land required to be dedicated for school purposes shall be determined by dividing the estimated number of children in each of the school age brackets hereinafter set forth that will be generated by the proposed subdivision or planned development, by the maximum recommended number of students that can be served in the type of school assigned to such age bracket, set forth in the following table, and multiplying the quotient times the minimum number of acres recommended for a school site, within a combined school/park site, for each school classification hereinafter set forth:*

 

      (3)   A combined elementary school/park site shall be at least 13 acres in area, of which six and one-half acres shall be conveyed to the park district and the remaining six and one-half acres shall be held by the village for transfer to the affected school district or other entity.

      (4)   A combined middle school/park site shall be at least 17 acres in area, of which eight and one-half acres shall be conveyed to the park district and the remaining eight and one-half acres shall be held by the village for transfer to the affected school district or other entity.

      (5)   A combined high school/park site shall be at least 55 acres in area, of which 22.5 acres shall be conveyed to the park district and the remaining 22.5 acres shall be held by the village for transfer to the affected school district or other entity.

      (6)   The standards set forth in § 16-9-12(D), 16-9-12(F), and 16-9-12(N) as to location, improvements and topography shall be applicable to combined school/park sites.

      (1)   Within 180 days after a written demand by the village; and

      (2)   The fourth anniversary of the approval of the plat of subdivision or planned development by the village.

   (M)   Title insurance, survey, assessment plats. Each deed or other instrument conveying land to the village or the Park District shall be accompanied by the following:

      (1)   A written commitment issued by a title insurer licensed to do business in this state to insure that grantee has good merchantable title to such real estate in an amount equal to its value computed pursuant to § 16-9-12(O)(5), subject only to then current general real estate taxes as of the date of transfer; covenants, conditions and restrictions which do not prohibit the use of the subject real estate for school or park use; utility easements located within 20 feet of the boundary lines of the subject real estate; drainage ditches, feeders, laterals and underground pipe or other conduit;

      (2)   A current boundary line survey, certified to the grantee by a licensed state land surveyor to be in compliance with the state's Land Survey Standards; and

      (3)   Except in instances where the real estate to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in a form acceptable to the appropriate county authorities so that the land to be conveyed can be assigned its own permanent real estate index number for exemption purposes.

      (1)   Whenever, in the determination of the village, any subdivision or planned development is so small that the school or park sites required under the provisions of § 16-9-12(D), 16-9-12(F) and/or 16-9-12(J) will not be large enough for practical development and maintenance as school or park sites, or when the available land cannot meet the standards set forth in § 16-9-12(D) and 16-9-12(F), or is otherwise inappropriate for park or recreational purposes or for a school site, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required.

         (a)   The cash contribution to be paid in lieu of land donations for school sites shall be held in trust by the village or other public body designated by the village, solely for use in the acquisition of a school site to serve the immediate or future needs of children from that subdivision or planned unit development, or for reimbursement to the school district for prior acquisition of a school site(s) for which bonds or other financing obligations are outstanding which will serve immediate or future needs of children from that subdivision or planned unit development, or for the improvement of any existing school site which predominantly serves such needs, but not for the construction, repair or rehabilitation of any school building(s) or addition(s) thereto.

         (b)   All cash donations shall be apportioned among the affected school districts on a pro rata basis determined by the estimated population to be generated in the subdivision or planned development as set forth in Table 16-9-12(F), set forth at the end of this article.

      (2)   The cash contribution to be paid in lieu of land donations for park and recreational purposes shall be held in trust by the village or other public body designated by the village solely for the acquisition of park and recreational land which will be available to serve the immediate or future needs of the residents of that subdivision or planned unit development or for the improvement of existing park and recreational lands which predominantly serve such needs.

      (3)   If any portion of a cash contribution in lieu of park or recreational land donations, or school site donations made pursuant to this article is not expended for the purposes above set forth within 20 years from the date of its receipt, it shall be refunded to the subdivider or developer who made such contribution.

      (4)   Fair market value: The amount of cash contributions in lieu of land shall be based on the "fair market value" of land in the proposed subdivision or planned unit development improved as specified in § 16-9-12(D), 16-9-12(F) that otherwise would have been donated for park, recreational and school sites. The corporate authorities have determined that the present "fair market value" of such improved land in the surrounding village is $150,000 per acre. Such figure shall be regularly updated pursuant to this section, and shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such written objection, the developer shall submit an appraisal showing the "fair market value" of such improved land in the area of his or her development or other evidence thereof and final determination of such "fair market value" per acre of such improved land shall be made by the corporate authorities based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the corporate authorities by the park district, school districts or others. It is recognized that population density, age distribution, land values, the cost of providing park, school and village services, construction costs and other local conditions change over the years. Therefore, the specific formula for the dedication of land, or the payment of fees in lieu thereof, the required contribution for school construction, police, fire, library and administrative services, and the "fair market value" of land in and around the village shall be reviewed at least every two years and amended if necessary.

      (5)   There will be situations in subdivisions or planned developments when, in the determination of the village, a combination of land donation and cash contribution in lieu of land is appropriate. These occasions will arise when:

         (a)   Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision or planned development falling within the park or school site shall be conveyed as aforesaid, and cash shall be donated by the developer, and cash shall be donated in an amount equal to the difference between the fair market value of the land donated and the fair market value of the land required to be donated under § 16-9-12(D) and 16-9-12(F);

         (b)   A major part of a local park or recreation site or school site has already been acquired and only a small amount of land is needed from the proposed subdivision or planned development to complete the site. The remaining amount of land shall be donated by the developer, and cash shall be donated in an amount equal to the difference between the fair market value of the land donated and the fair market value of the land required to be donated under § 16-9-12(D) and 16-9-12(F); or

         (c)   Because of the large number of school districts serving the village, there may be instances where a combination of land donation and cash contributions in lieu of land will be appropriate, and will be decided on a case by case basis in accordance with the criteria set forth in this article. For example, a portion of the land to be developed is proposed as one type of school site, for example elementary, but that there is no site which is suitable for a high school site in accordance with the criteria set forth in this section. In that event, a land donation will be made to the elementary school district and a cash donation will be made to the high school district.

      (6)   A cash contribution in lieu of land is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly onerous and to assist developers in meeting this financial responsibility, the cash contributions required in this section shall be prorated and payable upon the issuance of the building permit for each dwelling unit.

      (1)   In order to provide the village with funds to defray the increased cost of providing village services to developers during the construction process and residents of new subdivisions before tax revenues are generated by such new subdivisions or planned developments in the process of construction, a cash contribution in the amount of $360 per person or fraction thereof shall be made to the village on the basis of the estimated ultimate population per dwelling unit determined as set forth in Table 16-9-12(F), set forth at the end of this article. The contribution required for village services shall be regularly updated pursuant to § 16-9-12(T).

      (2)   This cash contribution is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly onerous and to assist developers in meeting this financial responsibility, the cash contributions required in this section shall be payable upon the issuance of the building permit for each dwelling unit.

      (1)   In the event that an affected school district decides by resolution at anytime within five years after approval of a plat of subdivision of planned development that a land donation or cash in lieu of a land donation will not be required by that particular district within the next five years to accommodate the number of students projected to be generated by a proposed subdivision or planned development, but that such projected number of students shall require the hiring of additional teachers and expansion and creation of new programs, in order to provide the affected school district with funds to provide such services before tax revenues are generated by such new subdivision or planned development, a cash contribution in the amount of $333 per student shall be made to the village on the basis of the estimated ultimate population per dwelling unit determined pursuant to the table set forth at the end of this article in Table 16-9-12(F), and all such funds shall be paid over by the village to the affected school district. The contribution required for school services shall be regularly updated pursuant to § 16-9-12(T).

      (2)   All such donations shall be apportioned among the affected school districts on a pro rata basis determined by the estimated population in the subdivision or planned development as set forth at the end of this article in Table 16-9-12(F).

      (3)   This cash contribution is a requirement of the village's Subdivision Code. However, in order not to make this requirement overly onerous and to assist developers in meeting this financial responsibility, the cash contributions required in this section shall be payable upon the issuance of the building permit for each dwelling unit.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2025- 08-31, passed 8-4-2025)