In recent years, the county has experienced a steadily increasing population growth due primarily to the residential subdivision, planned unit development and/or special use permit of vacant land within the county. Planning studies indicate accelerated growth during the next ten (10) years resulting in the disappearance of available land and the marked increase in land value. The county is dedicated to the concept that healthful, productive community life depends in part on the availability of adequate school facilities. It has been found and determined that the location of school sites to serve the immediate and future needs of adults and children of each new subdivision, planned unit development and/or special use permit is just as essential to proper land development as are streets, water, sewers and sidewalks. To this end, the county has determined that the dedication of land for school sites or cash contributions in lieu of actual dedication (where the latter is deemed impractical) or a combination of both, shall prevail upon all new final plats of residential subdivisions, planned unit developments and/or special use permits. The impact upon schools is likewise equally affected by construction of new dwellings that are not part of a platted subdivision, and accordingly, cash contributions should be made with regard to such construction as well. Therefore, in the public interest, convenience, health, welfare and safety, the establishment of school sites and facilities are required for each final plat of a residential subdivision and/or special use permit. (Ord. 10-001, 1-12-2010)

The ultimate number of students to be generated by a subdivision, planned unit development and/or special use permit shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of:

   A.   Estimated children to be served in each school classification (this number is determined by applying the estimated ultimate population per dwelling unit table [section 8-7-1-9, table 8-7-1-9A, of this chapter] to the number of respective units in the development) over the;

   B.   Actual average number of students to be served in each such school classification as stated herein, and then applying such ratio to the;

   C.   Said number of acres for a school site of each such 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. For purposes of this computation, it is presumed that each single-family home will have three (3) bedrooms. For other dwelling units, such as townhouses and apartments, it is presumed that each unit will have two (2) bedrooms.

Example: Development A is composed of 100 single-family units:

 

 

 

(Ord. 10-001, 1-12-2010)

Where available land is inappropriate for school sites, as determined by local school officials, the county shall require a cash contribution in lieu of land dedication by the subdivider or unit developer. The county shall furthermore require a cash contribution for all residential dwellings which are constructed not part of a platted subdivision. For all computations, one acre is the maximum home site. (Ord. 10-001, 1-12-2010)

There will be situations in subdivisions 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 as a site as stated earlier, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.

   B.   A major part of the 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. 10-001, 1-12-2010)

   A.   Collection Of Fee:

      1.   The total cash contribution to be required shall be determined prior to the approval of the final plat and paid to the county designee prior to issuance of a building permit. Receipt of payment shall be proof of said payment.

      2.   In a platted subdivision, when a building permit for a lot is requested three (3) years or more from the date of final plat approval, determination of a new current cash contribution shall be required. The new current cash contribution shall be determined and shall be paid to the county designee prior to the issuance of a building permit.

      3.   The cash contribution required for a residential unit not part of a platted subdivision shall be determined in the same manner as for other residential developments and shall be determined and collected prior to the issuance of a building permit.

      4.   This subsection does not apply to reconstruction.

   B.   Disposition Of Fee: The cash contribution in lieu of school sites shall be held in trust by the county or other public body designated by the county. Said funds shall be used solely for the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development, or for the improvement to any existing school site or buildings which already serve or will serve such need. (Ord. 10-001, 1-12-2010)

If any portion of a cash contribution in lieu of school sites is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded with accrued interest to the lot owner or owners of those lots for which the contribution was made, which owner or owners are determined at the time the date of refund is established. (Ord. 10-001, 1-12-2010)

The cash contributions in lieu of land shall be based on the fair market value of the acres of land in the area improved that otherwise would have been dedicated as school sites. An "improved acre" in a planned unit development is defined as a tract of land improved with streets, curbs, water, storm sewer, sanitary sewer, electrical, natural gas and telephone service. Fair market value for land not part of a planned unit development shall be calculated on the market value of an unimproved acre. Because of the diversity of lands within the county, a single determination of fair market value or market value of an unimproved acre is not possible. The fair market value or market value of an unimproved acre for any particular parcel shall be determined by the supervisor of assessment office of the county prior to plat approval. This valuation determined by the supervisor of assessments shall be used unless any subdivider, developer, or public body files a written objection thereto. In the event of any such objection, the subdivider, developer, or public body shall submit an appraisal showing the fair market value of such improved land or market value of an unimproved acre in the area of development or other evidence. Final determination of said fair market value per acre of such improved land or market value of an unimproved acre shall be made by the county board based on such information submitted by the subdivider or developer and from other sources as may be submitted to the county board by affected parties. The value of an unimproved acre shall be estimated with those improvements necessary to make the land habitable. Dual districts will be treated as they are affected by the impact of the subdivision or development within their territories. Elementary and middle school contributions shall go to the elementary district, and high school contributions shall go to the high school district. Two-thirds (2/3) of the special contribution shall go to the elementary district, and one-third (1/3) shall go to the high school district. (Ord. 10-001, 1-12-2010)

The subdivider or developer shall convey to the respective school district the lands required under this section 8-7-1 within ninety (90) days after request by the district. (Ord. 10-001, 1-12-2010)

   A.   Table 8-7-1-9A, "Estimated Ultimate Population Per Dwelling Unit", of this section 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 thereto is filed by the subdivider or developer.

   B.   In the event a subdivider or developer files a written objection to the table of estimated ultimate population per dwelling unit, as referenced in subsection A of this section, said subdivider or developer 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 calculations shall be made by the county board, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the county board 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 components for the dedication of land, or the payment of fees in lieu thereof, as stated herein, are subject to periodic review and amendment upon verification of current data by the county board or its designee.

 

Note: There are only 3 significant categories provided in this table. Because of the similarity of yields of all types of attached single-family dwelling units, only 1 category is provided. The same is true with apartments; thus, only 1 category. Because of the relatively short history of some newer types of detached and attached single-family units, individual evaluations may be necessary.

(Ord. 10-001, 1-12-2010)

   A.   Condition Of Site: The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading and seeding on sites to be dedicated for school uses shall be performed according to plans and specifications provided by the school district.

   B.   Improved Sites: All sites shall be dedicated 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. Such improvements shall conform to plans provided by the school district. (Ord. 10-001, 1-12-2010)

The county of Grundy requires that school facilities fees shall be applied to all new final plats of residential subdivisions, planned unit developments and/or special use permits. (Ord. 10-001, 1-12-2010)

A final plat of subdivision, PUD, or special use permit by the county shall require the timely payment in full of the school facilities fees as set forth below: In tables 8-7-2-1A, "Unit School District (K – 12)"; 8-7-2-1B: "Elementary School District (K – 8)"; and 8-7-2-1C, "High School District (9 – 12)", of this section.

For purposes of this section 8-7-2, the school facilities fees shall only be utilized for new school buildings, building additions and improvements, school site improvements and related infrastructure (hereinafter "school facilities"). The school facilities fee is in addition to the land cash ordinance currently in effect.

   A.   Unit School Districts: The school facilities fee shall be paid by the owner in accordance with table 8-7-2-1A of this section, for a unit school district consisting of kindergarten through twelfth grade:

 

   B.   Elementary School Districts: The school facilities fee shall be paid by the owner in accordance with table 8-7-2-1B, "Elementary School District (K – 8)", of this section, for an elementary school district consisting of kindergarten through eighth grade:

 

   C.   High School District: The school facilities fee shall be paid by the owner in accordance with table 8-7-2-1C, "High School District (9 – 12)", of this section, for a high school district consisting of ninth grade through twelfth grade:

 

(Ord. 10-001, 1-12-2010)

Beginning January 1, 2009, the amount of the school facilities fee shall be annually increased by four percent (4%) per year. (Ord. 10-001, 1-12-2010)

School facilities fees shall be paid in full for a particular dwelling unit prior to the application for a permit to construct said dwelling unit. Payment shall be made directly to the school district or districts in which the dwelling unit is located. Evidence of payment shall be issued by the school district or districts and shall be submitted to the Grundy County land use department at the time of building permit application. The failure to provide sufficient evidence of the required payments shall constitute sufficient grounds for the denial of the application for a building permit, or for the suspension or revocation of a building permit. In addition, the Grundy County land use department may refuse to issue a certificate of occupancy, or may suspend or revoke the same, if sufficient evidence of payment of applicable school facilities fees is not presented. (Ord. 10-001, 1-12-2010)

The payment of school facilities fees shall be in addition to any other tax, fee, charge, assessment or requirement levied or imposed in the county. (Ord. 10-001, 1-12-2010)

The owner shall provide, prior to a case being considered by the Grundy County board, a recorded copy of the declaration of covenants for the applicable homeowners' association for the subject property, which contains substantially the following language:

Owner shall present to the county, prior to the time of action on said final plat of subdivision, PUD and/or special use permit, at its cost, a commitment for title insurance issued or later dated not more than five (5) days before action by the county board, showing said covenant has been recorded and is a valid declaration of said requirement on said property, together with the affidavit that said covenant has not been amended, rescinded or revoked. (Ord. 10-001, 1-12-2010)