Subsequent to the effective date hereof, no change of use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy shall state that the new occupancy complies with all provisions of this Zoning Title.

   A.   No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a building permit and no such building or premises shall be occupied until a certificate of occupancy has been issued.

   B.   A record of all certificates of occupancy shall be kept on file in the office of the Director of Public Works and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy.

   C.   A certificate of occupancy shall be required of all nonconforming uses of land or buildings created by the passage of these regulations. Application for such certificates of occupancy for nonconforming uses shall be filed with the Director of Public Works by the owner or lessee of the land or building occupied by such nonconforming use within one year from the effective date hereof. It shall be the duty of the Director of Public Works to issue a certificate of occupancy for such nonconforming use.

   D.   Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of this Section shall be presumed to be operating in violation of this Zoning Title and such use shall thereupon be abated.

   E.   A fee shall be charged for each original certificate and for each copy, as determined by the Village Board from time to time.

   F.   No public utility company shall furnish any new or additional meters to any building or to the owner, occupant or occupants thereof until it has received a written permit to do so from the Director of Public Works. This subsection shall have no application to the mere exchange of meters for repair or service, or to the furnishing of temporary service.

   G.   No certificates of occupancy shall be issued for buildings, parcels or tracts of land in the R1, R2, R3, R4, C1, C2, C3, ORIC and PRI Districts until the following information and accompanying data is submitted to the Village for administrative review:

      1.   The names and addresses of the owner of the subject property, the applicant and all persons having an ownership interest in the subject property.

      2.   A survey, legal description, and street address of the subject property.

      3.   A written description explaining the nature of the proposed occupancy and use.

      4.   A scaled site plan showing the contiguous land uses, natural features, zoning, public thoroughfares, transportation, and utilities.

      5.   A scaled site plan showing common space, and the location, bulk, and lot area coverage of building(s) and structure(s), parking and loading areas.

      6.   A schedule showing the number, type, and floor area of any business uses, and the floor area, lot area, and lot coverage.

      7.   The substance of covenants, easements, and other restrictions existing and to be imposed on the use of the land, including common open space, and buildings and structures.

      8.   A schedule of development showing the approximate date for beginning and completion of each stage of construction. (Ord. 2640, 5-23-1995)

Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, its location upon the lot, and such other information, including off-street parking, as may be necessary to provide for the enforcement of this Zoning Title. A complete record of such applications and plats shall be kept in the office of the Director of Public Works. (Ord. 2640, 5-23-1995)

   A.   All persons subdividing any piece of land, block, lot or sublot, or any part thereof, in the Village shall make a map or plat thereof, and before recording the same in the Recorder's office of the County, as provided by law, shall submit the same, with three additional copies thereof, to the President and Board for their approval or rejection, as they may deem proper provided that said plat shall comply to all applicable zoning requirements unless a variation to said requirements has been granted by the Village. If approved, such approval shall be certified thereon, and signed by the Village President and attested by the Village Clerk; and no such map or plat shall be valid or entitled to be recorded until it shall have been approved as aforesaid.

   B.   The duplicate of such map or plat as provided in subsection A of this Section shall be kept on file by the Village Clerk for the use and benefit of the Village. No such map or plat shall be approved as aforesaid until the same shall have been properly certified by a surveyor and acknowledged by the owner, as provided by the laws of the State. (Ord. 2733, 8-11-1997)

   C.   From and after October 11, 1994, no subdivision of any piece of land, block, lot or sublot, or any part thereof, in the Village shall be approved by the President and Board unless each resulting lot is equal to or greater in width than the average width of all lots within the same block, consisting of both sides of the street and measured by the closest intersecting street on each side; provided further, however, that each said resulting lot shall have a width of not less than fifty feet and that corner houses shall be deemed to front on their respective north/south streets.

   D.   Where two or more lots are combined for the construction of one single-family dwelling, said lots will be construed as one lot for purposes of calculating the average width of lots within the same block. (Ord. 2640, 5-23-1995)

As a condition of approval of a certificate of occupancy for the use of a new residential structure or a residential structure or structures that replace an existing structure, or as a condition of approval of a final plat of development, a final plat of subdivision, or a final plat of or special use permit for a planned unit development, each subdivider or developer will be required to dedicate land for school purposes to serve the immediate and future needs of the residents and children of the development, or make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village, in accordance with the criteria and formula that follow. For the purposes of this Section, "school" and "school district" shall refer only to public elementary school districts.

   A.   Criteria For School Land Dedication:

      1.   Requirements And Population Ratio: The ultimate population density of a proposed development, subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined in accordance with the data for the estimated number of children entering school per type of dwelling found in the latest edition of the table prepared by Associated Municipal Consultants, Inc., which table is reproduced as a density formula in subsection C of this Section.

School classifications and size of school sites within the Village shall be determined in accordance with the following criteria based upon "Recommendations for Elementary and High School Spaces", published by the Illinois State Board of Education, Springfield, Illinois:

 

 

      2.   Location: The Comprehensive Plan of the Village, the comprehensive school plan or facility utilization plan of the school district and the standards adopted by the school district shall be considered in locating school sites. The location of dedicated school sites shall be determined with the input of the school district involved. A central location which will serve equally the entire development is most desirable. Additional guidelines which shall be considered in locating sites include, but are not limited to, size of the subdivisions, proximity of the site to other schools and Municipal services, topography and shape of the site, accessibility of the site, safety and other environmental and use conditions.

   B.   Criteria For Requiring A Contribution In Lieu Of School Land: Where the subdivision or development is small and the resulting school site is, in the opinion of the Village, after consultation with the school district, too small to be practical or when the available land, in the opinion of the Village, after consultation with the school district, is inappropriate for school purposes, the Village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contributions in lieu of school land dedication shall be paid to and held in trust by the school district in which the development is located, solely for the acquisition of land for school sites and/or the types of improvements of school land, as set forth in subsection B2 of this Section which will be available to serve the immediate or future needs of the residents of that development, subdivision or planned unit development or for the improvement of other existing local school land which already serves such needs. The Village shall have the right to request and receive from the affected school district's annual audit reports and any other information the Village may need from time to time to ensure compliance with this Chapter. If any portion of a cash contribution in lieu of school land dedication is not expended for the purposes set forth herein within ten years from the date of receipt, the school district holding the funds shall refund such contribution to the owners of record of all lots, except lots dedicated pursuant to the provisions of this Chapter, in the development, subdivision, or planned unit development for which such contribution was made. The refund shall be paid to the persons who are the owners of record on the day which is the tenth anniversary of the receipt of such contribution. The amount of the refund due to each lot owner shall be equal to the amount of the original contribution, together with such interest as may have been earned thereon, divided by the total number of lots in the development, subdivision or planned unit development (excluding only those lots which were dedicated pursuant to this Chapter) for which such contribution was made.

      1.   Acquisition Using Cash In Lieu Of School Land Donations:

         a.   The term "acquisition" as used in this Chapter shall mean "the acquiring of land by purchase, condemnation or such other means as may be appropriate".

         b.   The acquired land shall be used for the construction of new facilities or shall support the types of improvements as set forth in subsection B2 of this Section.

      2.   Improvement Using Cash In Lieu Of School Land Donations: Where existing school lands will serve the needs of the development, the cash contribution in lieu of land dedication shall be used for the following types of physical improvements: expansion of existing school facilities, including remodeling to allow the accommodation of additional students in the facility, additions to existing facilities, additions to school grounds and environment, purchase or lease of prefabricated units and costs of a capital nature related to any of the foregoing.

      3.   Fair Market Value: The cash contribution in lieu of improved land shall be based on the fair market value of the acres of land in the development. It has been determined that the present fair market value of such improved land in and surrounding the Village is four hundred twenty nine thousand one hundred dollars per acre and such figure shall be used in making any calculation herein unless the subdivider, developer, or the school district involved files a written objection thereto. In the event of any such objection, the objecting party shall, at its cost, submit an appraisal by a Member of Appraisal Institute (MAI) showing the fair market value of the land in the development or other evidence thereof and final determination of said fair market value per acre of such improved land shall be made by the Village Board based upon such information submitted by the subdivider, developer, or school district involved and from other sources which may be submitted to the Village Board by others. Any developer, subdivider or school district involved shall have a reasonable opportunity to dispute any appraisal submitted under this Section and to submit a contrary appraisal before the Village Board makes a final decision as to any adjustment to the fair market value, except that the Village in conjunction with the school district involved may from time to time submit amendments to this provision to provide for different fair market values for parcels that are deemed by the school district involved and the Village to be of greater or lesser value.

      4.   Adjustment Of Fair Market Value: The fair market value as established in this Section shall be adjusted from time to time as deemed necessary by the Village. Such adjusted fair market value shall be used in making calculations thereafter until further adjustment by the Village or unless the subdivider, developer or the school district involved files a written objection thereto. The objecting party shall follow the procedure for objecting set forth in subsection B3 of this Section. In determining the fair market value of an improved acre of land, the land shall be valued as if subdivided or subject to an approved planned unit development at its highest and best use and improved substantially as provided in subsection G of this Section.

      5.   Criteria For Requiring Dedication And A Fee: There may be situations when both a land dedication and a cash contribution are necessary. These occasions may arise, among others, when:

         a.   If it is determined by the Village that the land to be dedicated for a school site within a development contains fewer acres than the amount called for by this 3Chapter, a cash contribution shall be required for the difference between the amount of land called for by this Chapter and the amount of land which is actually to be dedicated.

         b.   If a major part of a local 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 for the difference shall be required.

   C.   Density Formula: The following 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 contribution in lieu of unless a written objection is filed thereto by the subdivider, developer, or school district:

 

Note: There are only 3 significant categories provided in this chart, 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. Copyright 1993 Illinois School Consulting Service Associated Municipal/Consultants, Inc. Naperville, Illinois.

      1.   Objections to Density Formula: In the event a subdivider, developer or school district involved files a written objection to the Table of Estimated Ultimate Population listed herein and submits his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development, a final determination of the density formula to be used in such calculations shall be made by the Village Board based upon such demographic information as the Village shall require. 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.

      2.   Presumed Density Formula: In applying the above table of population density to a development or subdivision for which the types of units and number of bedrooms cannot reasonably be determined from the data on file with the Village at the time the application for final plat approval is complete, the following types of units and bedroom data shall be used unless written objection is filed thereto by the subdivider, developer or school district:

 

 

   D.   Reservation of Additional Land: Where the Comprehensive Plan of the Village calls for a larger amount of school land in a particular proposed development, subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall, if so determined by the Village Board, be reserved for subsequent purchase by the Village or other public body designated by the Village provided that such acquisition is made within one year from the date of approval of the final plat.

   E.   Combining with Adjoining Developments: Where the subdivision or planned unit development is less than forty acres, school space which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer.

   F.   Topography and Grading: The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for school uses shall not differ greatly from surrounding land.

   G.   Improved Sites: All sites shall be graded to a level condition reasonably conforming with the adjacent property and suitable for construction and operation of a school and dedicated in a condition ready for full service of electricity, natural gas, water, sewer, sidewalks, street trees, storm water control and streets, including enclosed drainage and curb and gutter.

   H.   Title to Sites: All sites to be dedicated shall be conveyed to the Village either by warranty or trustee's deed, or such form of conveyance as the Village shall require. The subdivider or developer shall be responsible for conveying good, merchantable title to such sites, and shall be responsible for payment of all real estate taxes to the date of conveyance, including any agricultural roll back taxes which might be extended or levied against such sites. A commitment for title insurance issued by a company authorized to do business in Illinois, for the benefit of the school district and at the expense of the subdivider or developer, shall be required as evidence of clear title. Conveyance shall occur only after or simultaneously with the passage of a resolution by the school district in which the development is located in which it indicates that the property will be accepted by the school district for school purposes. Immediately thereafter, the Village shall convey such property to the Township Trustees of Schools, for the use and benefit of the appropriate school district.

   I.   Replacement Structures: Where a subdivider or developer has applied for a certificate of occupancy for the use of a residential structure or structures that replace an existing structure, the subdivider's or developer's obligation under the terms of this Section shall be modified as follows:

      1.   If the replacement structure is a multi-family residential structure, the formula for determining the required land dedication or impact fee as set forth in subsection J shall be calculated using the increase in the number of units in the replacement structure as compared to the original structure.

      2.   If the replacement structure is a single-family residential structure and there is no increase in the number of structures, it shall be considered a de minimis increase in density and shall be exempt from the obligations of this Section.

      3.   If the replacement structures are single-family residential structures and the original structure remains, the land dedication/impact fee requirement shall be applied only to the new structures.

      4.   If the replacement structures are single-family residential structures and no original structure remains, the land dedication/impact fee requirement shall be applied only to the increased number of structures. It is the intent of this Title that the land dedication/impact fee requirement shall first be applied to those structures with the largest amount of square footage, or, if the square footage is equal, then inversely to the order in which the application for the certificate of occupancy was filed.

   J.   Calculation of Land Dedication or Payment In-Lieu-Thereof:

      1.   The required land dedication or payments in lieu thereof under this Chapter shall be calculated as follows:

         Step 1. Derive the children per unit (CPU) figures from the density formula (subsection C) for the development type of K-5 children (CPU elementary) and 6-8 children (CPU junior high) and multiply each by the number of units (U). If the structure is a replacement multi-family residential structure as defined in subsection I, the number of units (U) shall be the increase in the number of units in the replacement structure from the original structure or structures.

         A separate calculation shall be done for the CPU elementary and the CPU junior high.

         Step 2. Divide the Step 1 figure by the maximum number of students for elementary (maximum elementary) or junior high (maximum junior high) (subsection A1).

         Step 3. Multiply the Step 2 figure by the corresponding minimum number of acres for the type of school (minimum A. elementary, minimum A. junior high).

         Step 4. If a payment in-lieu-of dedication is required, multiply the Step 3 figure by the fair market value F.M.V. (subsection B3).

If both a dedication of land and a payment-in-lieu of dedication is required under subsection B4, the dedication and payment amounts shall be calculated by applying the CPU ratable for each figure.

      2.   Formula and Sample Calculations. The formula for dedications and payments-in-lieu thereof is expressed as follows:

      elem.

   (C.P.U. j.h. x U)       elem.

   ______________________    x Min. A. j.h. x F.M.V. =

      elem.

   Max. j.h.

   Sample Calculation:    Elementary (K-5) District

Positioning a 4 bedroom single-family detached development of 20 units, and a fair market value of $429,100.00 per acre, the calculation would be as follows:

   CPU elem. x U   .470 x 20 = 9.4

   ÷ Max. elem.       9.4 ÷ 600 = .01567

   x Min A. elem.      .01567 x 11 = .17237

            acres required dedication

   If payment in lieu-of-dedication,

   x F.M.V.      .17237 x $429,100.00 =

            $73,963.67

For an elementary school district consisting of grades K-8, the product of the calculation for grades K - 5 would be added to the product of the calculation for grades 6-8, to reach the final required dedication or payment.

   K.   Annexation: The dedications of land or cash contributions in lieu thereof required by this Chapter 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.

   L.   Time for Dedication or Payment of Fees In-Lieu-Thereof: The dedication of school lands or payments of fees in-lieu-thereof shall be made by the owner of land within ten days after the land is annexed to the Village or prior to or at the time of the approval of the certificate of occupancy, the final plat of subdivision, or a final plat of, or issuance of a special use permit for, a planned unit development, whichever is first to occur.

   M.   Expenditure of Cash Contributions: Any cash contributions received by a School District hereunder must be spent for land or other improvements intended to serve children residing within the corporate limits of the Village.

   N.   Effective Date: This Section's requirement of dedication of school lands or payments of fees in lieu thereof shall apply only to those structures for which the application for building permit was filed after the Section's effective date of June 2, 1995. (Ord. 2640, 5-23-95)