The purpose of these off-site development standards is:

A.

To protect and promote the public health, safety and general welfare.

B.

To provide for the orderly and safe development of land.

C.

To facilitate adequate provisions for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities.

All subdivisions shall conform to the general and detailed specifications of plans or segments thereof, including the 2030 Land Resource Management Plan, adopted pursuant to the authority contained in Chapter 55 of the Illinois Compiled Statutes, and to this Ordinance and to any other adopted ordinances, resolutions, policies and plans.

No land shall be subdivided which is unsuitable for subdivision by reason of flooding, bad drainage, adverse earth or rock formation or topography, or any other feature likely to be harmful to the health, safety or welfare of the future residents in the proposed subdivision or of the community. Such lands shall remain unsubdivided until such time as the conditions causing the unsuitability are corrected. Natural features such as trees, brooks, hilltops, views or any other significant natural resource shall be preserved wherever reasonable and pursuant to 2030 plan.

A.

General Regulations.

1.

All lots shall meet the minimum width, depth and area requirements of this Ordinance, unless otherwise regulated by Paragraph B below.

2.

No new flag lots shall be created by subdivision.

3.

Subdivisions shall contain no left-over pieces, corners or remnants of land.

4.

Each lot shall be provided with satisfactory access to a public street by means of frontage on such street. No lot shall front on a street that has been designated by the County Board as a limited access/access controlled road.

B.

Subdivision of Land with Severe Soils or Poor Drainage.

1.

For severe soils as listed in Table 19-1: Soil Suitability and Lot Sizing of this Section, the County Board may establish the minimum lot size based upon the reports of a registered professional engineer and the Department of Public Health that the public health will not be endangered and that the interest of the public will be preserved.

2.

When the County Board has reason to believe that a particular area should not be subdivided for reasons of poor drainage and the possibility of creating health problems, it may require that additional soil or geological tests be made. If the soils do not meet the minimum requirements as specified in Table 19-1 of this Section, the area in question shall not be subdivided until utility sewer or utility water is provided.

3.

Soil boring tests shall be done or supervised by a soil scientist registered by the state. The person supervising the test shall certify as to the results and correctness of procedure, as outlined in this Article.

Footnotes:

(1)

Designated area for septic leach field - 2 bedroom - 7,500 ft ² ; 3 bedroom - 10,000 ft ² ; 4 bedroom - 12,500 ft ²

(2)

Designated area for septic leach field - 2 bedroom - 9,000 ft ² ; 3 bedroom - 12,500 ft ² ; 4 bedroom - 15,500 ft ²

(3)

Suitability dependent on soil analysis

A.

Conformance with Other Jurisdiction Regulations.

1.

All public improvements shall be constructed in accordance with the applicable portions of the Illinois Department of Transportation Specifications for Road and Bridge Construction (latest edition) and the Illinois Standard for Water and Sewer Construction (latest edition) unless otherwise noted herein.

2.

Developments shall be constructed in phases, so that to the extent possible construction traffic does not utilize previously completed streets.

3.

The final bituminous surface shall not be placed until eighty percent (80%) of the lots have been completed for that phase, as approved by the County Engineer.

4.

The County Engineer shall develop a "punch list" prior to the placement of the surface course. The punch list shall include: bituminous binder course, curb and gutter, roadway ditch, and culverts and storm sewers. The developer or contractor shall complete all items to the satisfaction of the County Engineer prior to application of the final surface course.

B.

Grading. All streets shall be graded to the full width of the right-of-way, and the adjacent side slopes shall be graded to blend with the natural lay of the land and to provide reasonable access for vehicular traffic to each lot of the subdivision, to the satisfaction of the County Engineer.

C.

Road Base and Pavement.

1.

The thickness of a pavement surface and base shall be based upon the pavement structural design as approved by the County Engineer.

2.

The minimum base thickness shall consist of a layer of crushed aggregate base course that extends to the ditch and slope or one (1) foot beyond back of curb, and is fourteen (14) inches thick after thorough compaction seven (7) inches coarse aggregate (CA 1) and seven (7) inches finer aggregate (CA 10).

3.

The minimum bituminous concrete pavement thickness shall consist of at least two (2) inches of hot mix asphalt binder and one and two (2) inches of hot mix asphalt surface of the type and class approved by the County Engineer.

4.

A pavement cross-section that utilizes ditches shall be called "rural." The surface width for a rural cross section shall be a minimum of five (5) foot shoulders, which must slope a half (0.5) inch per foot, and twenty-four (24) foot pavement which must slope a quarter inch per one foot for a total width of thirty-four (34) feet. A pavement-cross section that utilizes curb and gutter shall be called "urban." The surface width for an urban cross section shall be a minimum of thirty (30) feet from face to face of curb.

5.

Detailed standards of construction shall be prescribed by the County Engineer.

6.

Frost-free bank run sand and gravel or comparable granular material shall be used for all trench backfill and all backfill shall be allowed to settle a minimum of one (1) winter, or such greater time as may be specified by the County Engineer, before an impervious surface is laid. In wet or soft areas, a geo-technical fabric will be allowed, subject to the approval of the County Engineer, in lieu of, or in addition to, removal of the soft or wet material and replacement with a porous granular embankment. The aggregate base shall be primed one (1) foot wider than the edge of the bituminous paving prior to placing a bituminous course. This must be applied between each stage of the hot mix asphalt process.

7.

The hot mix asphalt binder shall be applied within four (4) to six (6) months of the application of the aggregate base, unless written permission for additional time is approved by the County Engineer.

8.

Bituminous materials shall not be laid when the temperature is below forty-five (45) degrees Fahrenheit.

9.

Utility construction shall be coordinated so that it is properly backfilled and completed prior to placing aggregate base for the road, in accordance with Illinois Department of Transportation specifications.

10.

Fabric shall be inserted prior to placement of aggregate base for all roadways, in accordance with Illinois Department of Transportation specifications and Article 1080.2 of the County Code.

D.

Ditches. Ditches, when required by the County Engineer, shall be at least twenty-four (24) inches deep below the shoulder edge and shall have a two (2) foot wide flat bottom. Side slopes on each side of the drainage ditch along the roadway shall be sloped at a rate of no more than one (1) foot rise to four (4) feet horizontal. Paved ditches shall be constructed if required by the County Engineer.

E.

Curbs and Gutter.

1.

Curbs and gutters, when required by this Section or by the County Engineer, shall be constructed of Portland Cement Concrete using M6.12 combination curb and gutter. Such curb and gutter shall be depressed at all alleys and driveways. Concrete gutter type A ("V" gutter) may be allowed if approved by the County Engineer.

2.

Curb and gutter is required in all subdivisions where one (1) or more lots are less than twenty-five thousand (25,000) square feet and within a subdivision that will be developed for commercial and/or industrial purposes.

3.

In conservation design, a rural cross-section can be used in front of undeveloped natural areas or expansive open space when approved by the County Engineer and the Planning and Zoning Officer.

F.

Alleys.

1.

Alleys shall be paved with PCC concrete according to detailed standards of construction prescribed by the County Engineer. The County Engineer may approve alternative semi-pervious surfaces for paving of alleys.

2.

All alleys shall be privately owned.

3.

All drainage design for private alleys needs to be compatible with the intersecting roadway drainage system, subject to approval of the County Engineer.

G.

Sidewalks.

1.

Sidewalks are required along both sides of the roadway in all subdivisions where one (1) or more lots are less than twenty five thousand (25,000) square feet and within a subdivision that will be developed for commercial and/or industrial purposes. Except under unusual conditions, sidewalks and interior block walkways shall be made of PCC concrete five (5) feet wide. At crossings of driveways, installed at the time of sidewalk installation, sidewalks shall be six (6) inches thick and reinforced with wire mesh reinforcing.

2.

In conservation design, in areas of large or expansive open space areas or natural areas or like, sidewalks are only required where higher volume pedestrian use is anticipated (i.e. to a school, to a park, or along a main collector street, etc.) on one side of roadway, rather than on both sides of roadway required elsewhere in subdivision, subject to the above construction criteria mentioned in item 1 above as long as the intent of the sidewalk requirement remains intact. Further exceptions may be allowed in aforementioned areas if the rezoning concept plan is approved addressing sidewalks.

3.

These sidewalk requirements apply unless the Township Highway Commissioner submits a written request to the County's Zoning Committee seeking sidewalk relief from the above requirements with an explanation as to why the request is in the public's best interest and verification that the subject property is located at least 1.5 miles away from an incorporated municipality. The Zoning Committee is encouraged to work with the Township Highway Commissioner seeking relief but is not obligated to honor the request if the Committee finds the request is not in the best interest of the public. The Zoning Committee's decision is final with regard to this matter.

4.

The above procedure for relief applies only to the above sidewalk requirements as they relate to this Ordinance; it does not grant sidewalk relief from other governmental jurisdictions that may require a different standard. Any other person, other than the Township Highway Commissioner, seeking sidewalk relief must follow the subdivision variation procedure of this ordinance.

A.

General Design. All streets shall be designed in substantial relation to:

1.

Topographic conditions and drainage.

2.

Public convenience and safety.

3.

The proposed uses of the land to be served by such streets.

4.

If required by the fire department serving the area under development, a minimum of two (2) entrances shall be required for emergency services. However, if a second entrance is determined by the County Engineer not to be warranted, such an entrance shall be restricted to emergency use by the construction of a crash gate or other device as approved by the County Engineer.

5.

Streets shall be located on the edge of, or one (1) lot depth away from, the edge of the tract.

B.

Publicly Planned Streets.

1.

Streets shall be laid out in conformity to street or highway plans officially adopted by the County Board. Wherever such a planned street or highway runs through a proposed subdivision, it shall be provided for in the place and with the width indicated on such plan.

2.

However, no more than one-hundred twenty (120) feet of width for right-of-way dedication shall be required for any street. Any additional right-of-way specified on the plan shall be reserved for circulation purposes by easement provisions.

C.

Section Line Roads. One-hundred (100) foot wide rights-of-way shall be laid out on section and half-section lines. Where physical obstructions occur, or where a more appropriate location can be found, such roads may deviate from section and half-section lines, provided that the required width of one-hundred (100) feet is carried through to a suitable connection. Such deviations shall be made only with the consent and approval of the Plat Officer and the County Engineer.

D.

Street Right-of-Way Widths. Where not otherwise specified, street right-of-way widths shall be not less than sixty-six (66) feet, except that sixty (60) foot wide right-of-way may be permitted when such streets are improved with curb and gutter to meet the curb and gutter standards of the City of Rockford. Where unusual conditions warrant, short streets and courts serving ten (10) lots or less may be platted with a width of sixty (60) feet.

E.

Residential Streets. Minor residential streets shall be laid out so that their use by through traffic will be discouraged.

F.

Marginal Access Streets. Where a subdivision borders on or contains a railroad right-of-way or limited access road right-of-way, a street shall be located approximately parallel to and at least one (1) lot depth distance from each side of such right-of-way, or at a distance suitable for the appropriate use of the intervening land, such as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts, except where it is deemed necessary that a through street be continued without deflection or that marginal access streets parallel and adjacent to such right-of-way are provided. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

G.

Half Streets. Half streets are prohibited, except to provide right-of-way for officially adopted planned streets or highways located pursuant to 55 ILCS 5/5-1031. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract unless the existing half street has been vacated prior to final approval.

H.

Private Streets. Private streets serving more than one (1) residential lot are prohibited. The only exception to this provision shall be when the subdivider submits satisfactory evidence that there can be no public interest in such private street.

I.

Alleys. The minimum width shall be twenty-four (24) feet.

J.

Blocks. Block lengths shall not exceed one-thousand nine-hundred (1,900) feet. Excessively short blocks will be discouraged.

K.

Dead-End Streets and Culs-De-Sac.

1.

Culs-de-sac shall be provided on all dead-end streets. Dead-end streets shall not be longer than five-hundred (500) feet. Culs-de-sac shall have a minimum diameter of seventy-five (75) feet.

2.

Temporary culs-de-sac or hammerheads, at the option of the County Engineer, will be required at all temporary dead-ends. When such streets are extended, the temporary cul-de-sac or hammerhead shall be removed as well as realignment of drainage swales and culverts at the expense of the adjoining developer per the request of County Engineer. The maximum number of temporary culs-de-sac or hammerheads may be established by the County Engineer.

L.

Reserve Strips. Reserve or spite strips controlling access to streets are prohibited.

M.

Barricades Required. The subdivider shall place barricades, as required by the County Engineer, at the end of streets to be later extended.

N.

Alignment and Continuation. Where streets are not a part of the 2030 Land Resource Management Plan or other officially adopted street or highway plans, the arrangement of the streets in a subdivision shall either provide for the alignment and continuation or appropriate projection of existing principal streets in surrounding areas, unless it conforms to an adopted plan by the County for the neighborhood which meets a particular situation where topographic or other conditions make continuance of or conformance to existing streets impracticable.

O.

Design for Natural Features.

1.

Streets paralleling streams, rivers, ravines, bluffs or other similar natural features shall be located approximately one (1) lot depth away from such natural feature, so that the intervening land may be developed into private lots meeting the requirements of this Ordinance.

2.

The Forest Preserve District, or other appropriate local governmental body, shall have a sixty (60) day opportunity to express interest in acquiring such intervening land prior to final plat approval, provided that approval of the final plat shall not be delayed more than sixty (60) days after the date notice has been given to such local governmental body for reason of their failure to take action.

3.

However, streets paralleling such natural features and so close to them as to leave an intervening strip of land that cannot be developed into lots meeting the requirements of this Ordinance may be permitted, provided that the intervening land is dedicated to and accepted by the Forest Preserve District, or other appropriate governmental body.

4.

Lake and stream shore subdivisions shall provide one (1) or more streets or rights-of-way, running to the low water mark at one (1) mile intervals, as measured along the lake or stream shore, except where streets or rights-of-way already exist at not more than one (1) mile intervals. The subdivider may place use restrictions on these stub streets to control until such time as a bridge is extended.

P.

Street Names.

1.

Streets that are extensions of, or obviously in alignment with existing streets, shall bear the names of the existing streets. However, no other street shall bear names that duplicate, or so nearly duplicate as to be confused with, the names of existing streets.

2.

North-south streets shall be called "streets" and east-west streets shall be called "avenues." The term "boulevard" shall be reserved for streets with divided pavement.

3.

All roadways of the same name should be connected.

4.

No roadway shall change direction abruptly and keep the same name. Roadway names and addresses shall not be changed in the middle of a straight road or continued road.

5.

All sign panels shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices." Street name and traffic control signs shall installed within thirty (30) days of the first occupancy. Signs shall be type-A high intensity prismatic and/or subject to the approval by the County Engineer. All sign posts shall be either round steel pole or a #3 channel post.

Q.

Open Cutting Pavements.

1.

No open cutting of pavements will be allowed after the pavement surface has been placed, unless approved by the County Engineer.

2.

The excavation for all bore pits shall not be closer than five (5) feet from the edge of the roadway surface.

3.

Open cut trenches shall consist of a minimum base of fourteen (14) inches compacted stone and four (4) inches bituminous surface compacted.

4.

The contractor or appropriate utility company shall be responsible for settlement up to one (1) year from the time the surface is replaced. The contractor or appropriate utility company shall be responsible for any and all ditch work or damage to ditch lines during construction up to year after completion of construction. All backfill shall be in accordance with Illinois Department of Transportation specifications.

5.

The utility companies are encouraged to use PVC piping for all highway/street crossings. The type of PVC pipe is subject to the approval of the County Engineer.

R.

Costs and In-Lieu.

1.

In the case of streets along the edge of a subdivision, in lieu of the complete improvement of half of a street, the County Engineer may specify the grading and preparation of the entire street width in place of other required improvements.

2.

Where an arterial highway, secondary highway or section line road is to be improved at greater than minor residential streets standards, the subdivider's share in the costs of improvements shall be equal to the cost of a minor residential street in the same location.

3.

In the case of sidewalks, and whenever else it is deemed necessary by the applicable city and/or County, to defer the construction of any improvement required in this Section, the subdivider shall entrust his share of the cost of the future improvement with the applicable city and/or County.

4.

If open cutting is approved, the developer shall post an eighteen (18) month, a five-thousand dollar ($5,000.00) irrevocable letter of credit, in accordance with Section 5.12.8, with the County prior to starting any work. If a utility company is doing the installation with its own staff, the posting of a letter of credit shall be at the discretion of the County Engineer.

S.

Testing and Inspection. The developer/owner shall be responsible for the cost of inspection by an engineering and/or materials testing firm hired by the County Engineer for the inspection of public improvements which will include, as a minimum, the following:

1.

Proof rolling the sub-grade, removing and replacing any soft areas with porous granular embankment, and geo-technical fabric prior to placement of the aggregate base.

2.

Proof rolling the aggregate base prior to placement of a bituminous course and removing and replacing unsuitable materials, including the subgrade, with porous granular embankment or aggregate base.

3.

QC/QA for all material placement shall be according to IDOT specifications.

4.

Pavement and aggregate base coring as required by the County Engineer.

5.

Materials testing and inspection.

6.

The developer or contractor shall notify the Township Highway Commissioner forty-eight (48) hours in advance of activities listed in items 1 through 4 above.

7.

The developer or contractor shall certify that the ditches and drainage easements are graded according to the plan no less than ten (10) days prior to the placing of bituminous surface.

T.

Parkway Trees. Subdivisions are required to plant one (1) parkway tree, in accordance with the landscape design guidelines of Article 20, every one-hundred (100) feet and any fraction thereof. Where there is insufficient space for a tree to be planted in the parkway or public right-of-way, the required trees may be planted on the adjacent private property subject to approval from the Planning and Zoning Officer.

U.

Mailboxes and Other Structures. Mailbox turnouts shall be constructed in accordance with the latest edition of the Illinois Department of Transportation Highway Standards and a permit must be obtained before mailboxes and other structures are placed in the right-of-way.

V.

Street Signs. All public street signs shall conform to the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD).

A.

The developer shall provide to the Plat Officer a copy of the final drainage study that was approved by the County Engineer identifying the lot number and drainage pipe size. The plan shall also include, but is not limited to, other drainage requirements outlined in this Ordinance.

B.

Storm drainage improvements consisting of storm sewers and/or open channels shall adequately drain the area being developed and also all of that area which naturally drains through the area being developed. The design of drainage improvements shall be coordinated with present and probable future improvements so as to form part of an integrated system. Appropriate grading may be required.

C.

Storm sewers shall be constructed of reinforced concrete pipe (RCP). The minimum pipe size shall be twelve (12) inches. In general, storm sewer capacity shall be sufficient to provide runoff from a storm of ten (10) year frequency.

D.

Stormwater inlets of a standard design shall be installed. They shall be suitable as to type and capacity for the locations where installed. Rockford 700s are prohibited.

E.

Storm sewer manholes shall be spaced no more than four-hundred (400) feet apart and shall be located in the parkway no more than four (4) feet from the back of curb or edge of pavement. At the discretion of the County Engineer, the location of manholes may be changed and not solely located in the right-of-way. Manholes shall not be located in private driveways without County Engineer approval.

F.

Any storm sewers installed shall have a slope which shall provide a minimum velocity of three (3) feet per second when flowing full.

G.

Drainage easements shall have a minimum width of twenty (20) feet and shall be sodded or seeded at the developer's expense.

H.

Cross road pipes shall consist of corrugated metal pipe (CMP)or reinforced concrete culvert pipe (RCCP) a minimum of eighteen(18) inches diameter or equivalent arch shall be used or larger as determined by the drainage study. End sections shall be provided. A minimum cover of twelve (12) inches crushed stone over the top of the pipe shall be provided. They shall be backfilled in accordance with the IDOT standards.

I.

Entrances pipes shall be minimum length of twenty-four (24) feet and a minimum of fifteen (15) inches in diameter with the flared end sections or larger diameter as determined the drainage study. Pipe shall be CMP or RCCP. A minimum cover of six (6) inches crushed stone over the top of the pipe shall be provided. Installation of entrance pipes must be completed prior to the start of construction on the lot.

J.

All proposed detention/retention ponds and significant drainage areas must be part of one (1) or more outlots that are part of the subdivision plat which are owned and maintained by the homeowners association or similar acceptable entity unless there is a unique extenuating situation preventing said. The plat is to indicate that the owner(s) of such lot(s) will be responsible for the perpetual maintenance of said. No structures shall be erected in detention/retention ponds, significant drainage areas or drainage easements.

K.

The developer shall include erosion control measures to meet the standards for Construction Site Erosion and Sediment Control established in the County Code. Such measures shall be included in the plans and specifications. The developer is responsible for the maintenance of the erosion control measures during the construction of the subdivision.

L.

Where the character or topography of the land in a subdivision is such that it is impossible or impractical to place streets so that they carry off the surface water, the appropriate easements along lot lines shall be provided and improved, where necessary, to carry off surface water in open channels or storm sewers.

M.

Where a subdivision is traversed by a watercourse, drainage way, channel or stream, appropriate dedication or easement provisions, with adequate width or construction to accommodate stormwater and drainage through and from the subdivision, shall be made.

N.

Where a drainage way carries water from one-hundred (100) or more acres of land, such easement or dedication shall conform to the natural drainage channel.

O.

A preserved area no more than three-hundred (300) feet wide may be required where the drainage way carries water from five-hundred (500) or more acres of land.

P.

Minimum vertical elevations for structures may be required in areas which are or may become subject to flooding by surface water.

A.

General Requirements.

1.

Public sanitary sewer shall be required for all subdivisions, any part of which are located within one and one-half (1.5) miles of an incorporated municipality, in addition to any additional requirements for public sewer in state law.

2.

Public sanitary sewer shall also be required for all subdivisions located within the geographic areas within designated facility planning areas established by the Illinois Environmental Protection Agency, and within areas served by other community waste water systems.

3.

Public sanitary sewer connection is required as noted above and may be further restricted within a specific zoning district.

4.

When a subdivision is not located within one and one-half miles of an incorporated area, and the developer intends to install a combined sewer system serving the entire development or portions of the development, the developer shall install a system that is readily available to connect into a public sanitary sewer system should the option become available at a later date.

B.

Improvement Standards.

1.

The public sanitary sewer shall be constructed according to the requirements of the applicable sewer authority.

2.

The location of sanitary sewers shall be subject to the approval of the County Engineer.

3.

Sewer service lines shall be installed to serve all lots in the subdivision, at the time they are constructed, sewer service lines shall extend to the property line and shall normally be located at the low side of the lot. They shall be laid at a minimum slope of one-quarter (0.25) inch per foot.

4.

The location of sanitary sewers shall be approved by the County Engineer. Whenever possible they should be located within the parkway. Sanitary sewers shall not be located within three (3) feet of the edge of pavement. Sewer service lines shall be installed to serve all lots within the subdivision at the time they are constructed. Sewer service lines shall extend to the property line and shall normally be located at the low side of the lot.

C.

Variations. The County Board may grant a variation exempting a proposed subdivision from the requirements imposed by this Section. Prior to granting a variation, the County Board shall receive written comments or other input from the public sewer authority in whose area the proposed subdivision is located. However, certain zoning districts may prohibit variations to this requirement; in such cases, a variation cannot be applied for.

Where a connection to a public water system is presently available at the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision, in addition to any additional requirements for public water in state law.

A.

All laterals shall be constructed and appropriately backfilled in accordance with Illinois Department of Transportation specifications and compacted prior to placing base course.

B.

Utility easements no less than five (5) feet wide shall be provided on each side of all rear lot lines and, where necessary, along side lot lines. An easement provision shall appear on the face of each final plat. See Section 15.3.28 (Utilities) for additional regulations on utilities.

19.12.1 Legislative Intent. As a condition of approval of a final plat of subdivision or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for school purposes to serve the immediate and future needs of the residents of the development, or shall be required to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of Winnebago County Board and with the concurrence of the affected school district, which concurrence shall be obtained in writing. However, the County shall have the final decision making power in this regard. The dedications and cash contributions required hereunder shall be made in accordance with the criteria and formulas herein.

19.12.2 Criteria for Requiring School Site Dedications.

A.

Requirement and Population Ratio. The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly on 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 number of children to be served in each school classification (as described in Paragraph B below) from the subdivision or planned unit development over the (b) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to (c) the appropriate number of acres for a school site of each such school 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 increase in number of students for each such school classification.

B.

School Classifications and Size of School Site. These requirements for acreage are based upon a review of available data studies and literature on the subject, including but not limited to information provided by the State Superintendent of Education and the unique characteristics of Winnebago County. These requirements for acreage shall be presumed as the appropriate acreage requirements and shall be used in calculating any cash in lieu of land dedication herein unless timely objected to as provided herein. Objections to these acreage requirements for any particular development shall be made in accordance with Section 19.12.13. Failure to timely object to these acreage requirements in accordance with Section 19.12.13 shall thereafter waive any right to raise an objection at a later time. School classifications and size of school sites serving the County shall be determined in accordance with Table 19-4:

C.

Location. The standards adopted by the affected school district shall be used as a guideline in locating sites. School sites shall be located in the county in accordance with plans heretofore or hereafter adopted by the affected school district.

19.12.3. Criteria for Requiring a Cash Contribution In Lieu of Dedication of School Sites. When the development is small and the resulting site to be dedicated is too small to be practical, or when the available land is inappropriate for a school site or is in conflict with the approved standards or plan of the affected school district, the county, with the concurrence of the affected school district, shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication.

The cash contribution in lieu of dedication of school sites, and any and all interest earned thereon, shall be collected and held in trust by the County or other public body designated by the county, and shall be used for the acquisition of land for school sites to serve the immediate or future needs of children from that subdivision or development, or for the improvement to any existing school site that already serves such needs, or for the construction of school buildings or additions thereto in accordance with Public Act 93-0330, or for any purpose defined by agreement with the subdivider or developer at the time of platting. If any portion of a cash contribution in lieu of dedication of school sites is not expended for the purpose set forth herein within thirteen (13) years from the date of receipt, it shall be refunded by the entity holding the contribution to the record owner of the subdivided land at the time of the refund. If there is more than one record owner of the subdivided land or of the land that comprises the planned unit development, as applicable, such record owners shall share in the refund pro-rata based on the cash contributions originally paid by each property.

A.

Fair Market Value. The cash contributions in lieu of land shall be based on the value of the acres of land in the area that otherwise would have been dedicated as school sites. In calculating the value on a per acre basis, unless determined otherwise pursuant to Section 19.12.13, the following assumptions about the land shall be made:

1.

That it is zoned in a single-family dwelling residential zoning district consistent with the County's development standards.

2.

That it is subdivided with the appropriate frontage on a dedicated street or road, stubbed with sewer and water or capable of being served with septic and well and has all appropriate utilities available.

3.

That it is improved as set forth in Section 19.12.7.

4.

That it is otherwise property capable of being used for residential development.

Based upon a study of real estate transactions in the County, it has been determined that the present fair market value of such improved land in and surrounding the County is, as of the effective date of this educational facilities impact fee ordinance, thirty two thousand five hundred twenty-three dollars ($32,523) per acre.

In order to encourage development and redevelopment in economically depressed portions of the County and for any other area within the county that is now receiving or subsequently does receive federal redevelopment funds by means of a HOPE VI Grant, such areas shall be exempt from the terms of this educational facilities impact fee ordinance.

The above figures shall be adjusted by the Winnebago County Board from time to time with appropriate study and documentation. The fair market value as defined above shall be used in calculating any cash contribution in lieu of land dedication required herein unless timely objected to as provided in Section 19.12.13. Objections to the fair market value as defined above shall be made in accordance with Section 19.12.13. Failure to timely object to the fair market value as defined above in accordance with Section 19.12.13 shall thereafter waive any right to raise an objection at a later time.

B.

Criteria for Requiring Dedication and a Contribution. There will be situations in subdivisions or planned unit developments when a combination of land dedication and a cash contribution in lieu of land are both necessary. These occasions will arise when 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 above, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated), or a major part of the local school site has already been acquired by the particular district and only a small portion of land is needed from the developer to complete the site (the remaining portion shall be required by a cash contribution in lieu thereof).

C.

Consumer Price Index. The fair market value identified in Paragraph A above shall be subject to a "CPI Adjustment" which shall be calculated annually and which adjustment shall go into effect on January 1, 2005 and on the first day of January in each year thereafter. Annually, the fixed charge shall be adjusted by the annual percentage change as published by the United States Department of Labor's Bureau of Labor Statistics, All Items Consumer Price Index ("CPI") for Urban Consumers (1982-84 = 100) for the Chicago Consolidated Metropolitan Statistical Area, Illinois. If any index is calculated from a base different from the base period 1982-84 = 100, such index shall be converted to a base period of 1982-84 = 100 by use of a conversion factor supplied by said Bureau of Labor Statistics. If the CPI is discontinued or replaced, such other governmental cost of living index or computation which replaces the CPI shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or replaced.

19.12.4 Density Formula: The Table of Estimated Ultimate Population Per Dwelling Unit ("The Density Formula").

A.

The density formula, as prepared by Ehlers & Associates, Inc., November 2000, and as updated from time to time, 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 is filed thereto by the subdivider or developer.

B.

A bedroom, as used in this educational facilities impact fee ordinance, shall include any room which may be used for bedroom purposes, such as a den, study, loft or extra room located on any floor in a dwelling unit which may be convertible into a sleeping area and is not clearly identified for some other specific purpose such as a kitchen (one per unit), dining room (one per unit), living room (one per unit), bathroom(s) and family room (one per unit).

C.

This density formula, as updated, shall be used in calculating any cash in lieu of land dedication herein unless objected to as provided in Section 19.12.13. The County recognizes that the density formula may be updated from time to time and will, as a result, adopt these updates periodically by amending the educational facilities impact fee ordinance accordingly. Objections to the density formula shall be made in accordance with Section 19.12.13. Failure to object to the density formula in accordance with Section 19.12.13 shall thereafter waive any right to raise an objection at a later time.

D.

In the event a subdivider or developer files a written objection to the density formula, he/she 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 shall be made in accordance with subsection (n) herein.

19.12.5 Reservation of Additional Land. When the 2030 Land Resource Management Plan or the standards of the County call for a larger amount of school sites in a particular subdivision or planned unit development than the developer is required to dedicate pursuant to this educational facilities impact fee ordinance, the land needed beyond the developer's dedication shall be set aside and reserved by the developer for subsequent purchase (at a price determined at the time of reservation) by the county or other public body designated by the County, provided that such acquisition is made within five (5) years from the date of approval of the final plat.

19.12.6 Combining with Adjoining Developments. Where appropriate, a school site that is to be dedicated should, if possible, be combined with dedications from adjoining developments in order to produce usable school sites without undue hardship on a particular developer.

19.12.7 Topography and Grading. The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Stormwater detention areas shall not be accepted for County or school ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the stormwater control system shall not serve as a credit toward the required site dedication. Stormwater retention areas shall not be accepted for County or school ownership and maintenance and shall not serve as a credit toward the required site dedication. Wetlands, flood plains, detention areas, retention areas and areas of steep slope shall not be accepted as school sites and shall not serve as a credit toward the required school site cash contribution in lieu of land dedication.

In addition, the following site conditions and preparation standards shall be met:

A.

Slope.

1.

Slope should not vary greatly in appearance from existing and adjacent slopes.

2.

Optimum slopes range from two percent (2%) minimum to five percent (5%) maximum. No less than two percent (2%) slope is acceptable under any circumstances.

3.

Maximum allowable slope is ten percent (10%), except under special conditions where greater slopes are desirable to enhance the use of the site.

4.

On-site drainage patterns shall be designated and constructed to:

a.

Ensure flow toward swales.

b.

Ensure drainage away from active areas.

B.

Grading.

1.

Rough grading shall be completed at time of rough grading of adjacent contiguous area.

2.

Grading shall comply with County approved plans.

3.

Subgrade shall be graded and compacted so it will parallel finished grade.

4.

Subgrade material shall be loosened and fine graded to a depth of two (2) to four (4) inches. All stones over four (4) inches in size, sticks, debris, rubbish and other foreign substances shall be removed.

5.

Finished grades shall be uniform in slope between points for which elevations have been established.

C.

Soils.

1.

Soils shall not differ from those naturally occurring.

2.

Soils shall not offer any restriction to the ultimate use of the property.

3.

Topsoil shall be spread evenly and lightly compacted to a minimum depth of six (6) inches over the entire site.

4.

Topsoil must be good, friable soils with good tillage and shall be without any admixture of subsoil, clay, gravel, stones, debris, refuse, sand or other subsurface elements.

5.

Topsoil shall not be placed in a muddy or frozen condition.

6.

Topsoil shall contain no toxic substances which may be harmful to plant growth.

7.

Topsoil shall be spread no later than the placement of topsoil on the first lot adjacent to the site.

D.

Seeding.

1.

All proposed school sites shall be seeded and an acceptable stand of grass or vegetation established prior to dedication of the area to the County or school.

2.

Seeding shall be completed during the fall or spring planting times, depending upon the recommended seed planting specifications.

3.

Seeding shall be on moderately dry soil on a seed bed which will easily accept and nurture germination of seeds.

4.

Seeding shall be watered sufficiently so that the vegetation becomes reasonably established.

5.

The developer shall be responsible for making necessary reparations to the site caused by erosion or other damage. Reparations shall be completed prior to acceptance of the site.

19.12.8 Improved Sites. All sites shall be dedicated in a condition ready for full service of electricity, natural gas, telephone and cable television, water, sewer and streets (including enclosed drainage and curb and gutter, where applicable), as applicable to the location of the site, and shall otherwise comply with the requirements of the subdivision regulations of Winnebago County. The landscaping normally included within the definition of "improved" sites under the Subdivision Regulations of Winnebago County may be deleted due to the delay time between dedication of any such school site and the construction of school facilities thereon, except for groundcover as required by this section. The site shall have direct access to a fully improved street across at least twenty percent (20%) of the distance of its perimeter. School sites should ideally be accessible by a bicycle/pedestrian trial, and any such access route onto the property shall be at least thirty (30) feet wide. Such access routes should normally be dedications and not easements, depending on which entity of government is to be responsible for said routes. Any vehicular access route leading to or on the site shall be of sufficient size and good geometry to properly accommodate vehicles that will access and traverse the site, including but not limited to good principles of traffic circulation, accommodation of one-way and/or two-way drives for school buses, separation of bus traffic from passenger automobile traffic, bus drop-off areas separate from publicly-dedicated streets, guest and employee parking areas, and the like. Such off-street access routes, drives, drop-offs and parking areas will not be dedicated rights-of-way and shall be the responsibility of the owner of the site to maintain.

19.12.9 Environmental Risk Audit. Prior to the conveyance of any land to Winnebago County or the affected school district, the intended grantee shall be furnished with an environmental risk audit prepared by an environmental professional meeting the minimum requirements of 415 ILCS 5/22.2(j)(6)(E)(iii), certified to and acceptable to the grantee, assuring the grantee that there are no hazardous substance(s) (as defined hereinafter) on, under, to or from the land. Said environmental audit shall be what is commonly referred to as a Phase I Environmental Audit, which shall meet the minimum requirements for a pre-acquisition audit as set for in 415 ILCS 5/22.2(j)(6)(E)(iii)(v).

In the event the Phase I Environmental Audit does not conclude there is no presence or likely presence of a release of substantial threat of a release of hazardous substance(s) or pesticide on, under, to or from the land, the grantee shall furnish a Phase II Environmental Audit as set forth in 415 ILCS 5/22.2(j)(6)(E)(iii)(vi), including a soil toxicity analysis and recommendation from said environmental professional, meeting the minimum requirements of 415 ILCS 5/22.2(j)(6)(E)(iii), which concludes that there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) on, under, to or from the land, and certifying that, in the judgment of said environmental professional, there is no reasonable probability that the land contains any hazardous substance(s) in violation of any federal or state environmental standards.

In the event said Phase II Environmental Audit and/or soil toxicity analysis discloses the presence or likely presence of a release or a substantial threat of a release of any hazardous substance(s) at, on, under, to or from the land to be conveyed, the grantor shall first cause all such hazardous substance(s) to be removed at its sole cost and expense in accordance with all federal, state and local environmental laws, rules and regulations and furnish the intended grantee with a "No Further Remediation Letter" from the governmental agencies having jurisdiction over the cleanup prior to conveyance of any of the land to the intended grantee.

Prior to the conveyance of the land, the subdivider or developer, as the case may be, and the owner of the land to be conveyed, shall execute and deliver to the intended grantee an Environmental Indemnification Agreement, which form has been approved by the grantee's Attorney, agreeing to defend, indemnify and hold the County or school district, as the case may be, its corporate authorities, officers, officials, employees, agents, successors and assigns harmless from and against any and all liability, claims, damages, causes of action and expenses arising out of the presence of any hazardous substance(s) in, under or upon said land to be conveyed prior to the date of conveyance.

Hazardous substance(s) includes without limitation:

A.

Those substances included in the definitions of hazardous substances, extremely hazardous substances, hazardous materials, toxic substances, toxic chemicals, toxic wastes, hazardous chemicals, hazardous wastes, solid waste and pesticides in CERLA, SARA, RCRA, HSWA, TSCA, OSHA, FWPCE, Illinois Pesticides Act (415 ILCS 60/1 et seq.), Illinois Responsible Property Transfer Act (765 ILCS 90/1 et seq.) and the Illinois Hazardous Materials Transportation Act (430 ILCS 30/1 et seq.), 49 U.S.C. Section 1801 et seq., as amended, and as they may be amended in the future, and in the regulations promulgated pursuant to said laws.

B.

Those substances defined in Section 1003 of the Illinois Environmental Protection Act and in the regulations promulgated pursuant to said act or other Illinois laws pertaining thereto.

C.

Those substances listed in the U.S. Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the environmental protection agency (or any successor agency) as hazardous substances (40 CFR Part 302 and amendments thereto).

D.

Such other substances, materials and wastes which are to become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state or local laws, ordinances or regulations.

E.

Any material waste or substance which is (a) asbestos, (b) polychlorinated biphenols, (c) designated as a hazardous substance pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Sec. 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Sec. 1317, (d) explosives, or (e) radioactive materials.

F.

For purposes of this educational facilities impact fee ordinance, hazardous substances shall include petroleum or its byproducts as regulated under RCRA and any applicable state law or regulations.

19.12.10 Suitability of Soils at Site. The subdivider or developer, at its own cost or expense, shall provide to the County or the affected school district soil boring data, soil compaction test results and such other engineering studies, data and information pertaining to the proposed school site, which the County or the affected school district may request to enable it to determine the suitability of the proposed land dedication for school site. The County or the affected school district shall have the right to reject any site which the County or the affected school district determines, in accordance with sound engineering practices, is not suitable for school site purposes.

19.12.11 Title Insurance, Survey, Assessment Plats. Each deed or other instrument conveying land to the County or the affected school district shall be accompanied by:

A.

A written commitment issued by a title insurer licensed to do business in the state to insure the grantee's title to such real estate in an amount equal to the value computed pursuant to this section, with extended coverage over the general exceptions to title and subject only to:

1.

Real estate taxes not yet due and payable.

2.

Covenants, conditions and restrictions which do not prohibit the use of the subject property for school purposes.

3.

Utility easements located within 20 feet of the boundary lines of the subject real estate (except where approved on the final engineering plans approved by the County Engineer).

4.

Drainage ditches, feeders and laterals.

5.

Underground pipe or other conduit.

6.

Acts done or suffered by or judgments against the grantees.

B.

A current ALTA boundary line survey, certified to the grantee by a licensed Illinois Land Surveyor to be in compliance with the American Land Survey Standards, showing no encroachments.

C.

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 the land to be conveyed can be assigned its own permanent real estate index number (PIN) for exemption purposes.

In addition, monuments must be established and the land staked immediately prior to dedication of the property. The subdivider or developer shall pay for the cost of the owner's title insurance in said amount, the ALTA survey, the assessment plat and any and all costs in connection with the tax division.

19.12.12 Real Estate Tax Escrow. The developer shall pay the general real estate taxes on the land not yet due and payable as of the date of transfer, and shall deposit a sum of money in escrow with the intended grantee's attorney or a title company licensed to do business in the State of Illinois, which is prorated as of the date of transfer on the basis of one-hundred ten percent (110%) of the tax assessor's latest assessed valuation, the latest known equalization factors and the latest known tax rate on the land. In the event the previous tax information or the previous tax bill includes other property, then the amount to be deposited in escrow shall be adjusted ratably based on the net acreage of the land compared to the net acreage of the other parcels covered by said tax bills. After the land has been divided for real estate tax purposes and has been conveyed to the intended grantee, the grantee shall proceed with due diligence to apply for a real estate tax exemption on the land.

19.12.13 Objections. All objections relating to acreage requirements, presumptions as to fair market value, the density formula, or any other application of this educational facilities impact fee ordinance to a particular subdivision or planned unit development, shall first be referred to the Zoning Committee for a hearing. An objection must be made, if at all, prior to the approval of the final plat of subdivision by the County. A failure to object by such time shall constitute a waiver of the right to object to the provisions of this educational facilities impact fee ordinance. All developers submitting a plat of subdivision or resubdivision or a plat of a planned unit development to the County shall be given a copy of this entire educational facilities impact fee ordinance, including the procedures for objecting to such an assessment as prescribed by this educational facilities impact fee ordinance. Upon receipt, the developer must sign an accompanying document acknowledging that the developer has received notice of the existence of such a procedure for objections. This document entitled "Acknowledgment of Notification of Rights" is attached as an Appendix to this Ordinance and is incorporated herein by reference. The procedure for a hearing before the Zoning Committee shall be as follows:

A.

Duties of the Zoning Committee. The Zoning Committee shall serve in an advisory capacity and shall have the following duties:

1.

Advise and assist the County in resolving objections regarding the density formula, the size of the school sites, the fair market value of the land used to calculate the cash contribution, or any other application of this educational facilities impact fee ordinance to a particular subdivision or planned unit development.

2.

The County shall adopt procedural rules to be used by the Zoning Committee in carrying out the duties imposed by this educational facilities impact fee ordinance.

B.

Information and Services to be Used. The County shall make available to the Zoning Committee all professional reports relating to the density formula, the size of the school sites and the fair market value of land used in calculating these cash contributions. The zoning board of appeals may also retain the services of professionals (attorneys, appraisers, statisticians, etc.) to assist in its review of issues raised by any objection.

C.

Procedure for Resolving an Objection.

1.

Upon receipt of an objection, the County Clerk shall place the same on the next regular meeting agenda of the County Board. Thereafter the County Board shall refer the objection to the Zoning Committee, which shall by resolution establish a hearing date.

2.

The Zoning Committee shall provide public notice of the hearing date to consider the objection and shall notify the affected school district by certified mail, return receipt requested, of the filing of the objection and of any hearing regarding same.

3.

The objector shall publish notice of the hearing date once each week for three (3) consecutive weeks, at least thirty (30) days before but no more than sixty (60) days before the scheduled date of the hearing. Notice shall be published in a newspaper of general circulation within the corporate limits of the County. The notice of public hearing shall not appear in the part of the paper where legal notices or classified ads appear. The notice shall not be smaller than one-quarter page of a standard size or tabloid-size newspaper. The objector shall send a copy of said notice to any person who has requested said notice by certified mail (stamped at a U.S. Postal Service facility showing the date of mailing) at least thirty (30) days prior to the hearing date.

4.

The notice shall contain all of the following information:

a.

The headline shall read: "NOTICE OF PUBLIC HEARING ON OBJECTION TO APPLICATION OF THE EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE REQUIRING THE DEDICATION OF SCHOOL SITES OR PAYMENT OF THE CASH CONTRIBUTIONS IN LIEU THEREOF".

b.

The date, time and location of the public hearing.

c.

A statement that the purpose of the hearing is to consider the objection to a component of the application of the educational facilities impact fee ordinance requiring the dedication of school sites or calculation of cash in lieu thereof.

d.

A general description of the parcel(s), service area or areas within the County that are the subject of the hearing.

e.

A statement that the County shall make available to the public, upon request, an easily understandable and detailed map of the parcel(s), service area or areas to which the educational facilities impact fee ordinance applies, and any other available information about the objection.

f.

A statement that any member of the public affected by the educational facilities impact fee ordinance or the parcel(s) or service area shall have the right to appear at the public hearing and present testimony and/or evidence in support of or against the objection.

g.

A public hearing shall be held for the consideration of the objection. In addition to the County, the affected school district shall be allowed to participate in such hearing as a party thereto to present evidence, cross-examine witnesses and make arguments to the zoning board of appeals regarding the issues raised in the objection. The Zoning Committee shall make a recommendation to adopt, reject in whole or in part, or modify the objection presented at the hearing, by written report to the County Board, within sixty (60) days after the hearing. The County Board shall then have at least sixty (60) but not more than one-hundred twenty (120) days to approve, disapprove or modify, by ordinance or resolution, the findings in the educational facilities impact fee ordinance as it pertains to the development in question.

5.

The objector shall bear all costs of the hearing before the Zoning Committee including attendance fees paid to the Zoning Committee members and publication costs.

19.12.14 Indemnification. As a condition to any affected school district receiving any school land dedications and/or cash contributions in lieu thereof, the affected school district shall execute an indemnification agreement largely similar in form and content to that set forth in the Appendix of this Ordinance. This agreement shall be executed on or before June 1st of each year. Following execution of this agreement by the affected school district, this indemnification agreement shall be furnished to the County. In the event the affected school district fails to execute and/or furnish the executed agreement as required in this educational facilities impact fee ordinance, the County reserves the right to refuse to impose any land dedications and/or cash contributions in lieu thereof on behalf of the affected school district.

19.12.15 Collection of Fees. The cash contributions in lieu of land dedications imposed by this educational facilities impact fee ordinance shall be collected and held by the County, or at its designation by the affected school district in accordance with the standards in this educational facilities impact fee ordinance and shall be used for the purposes set forth in this educational facilities impact fee ordinance. If necessary, the affected school district shall provide written confirmation of payment to the developer or subdivider that the developer or subdivider can present to the appropriate County authorities as proof of compliance with the terms of this educational facilities impact fee ordinance.

19.12.16 Needs Assessment; Land and Capital Facilities Acquisition Plan. As a condition to the imposition of these land dedications and/or cash contributions in lieu of land dedications, the County shall require that the affected school district conduct a needs assessment and adopt a plan for acquisition of land and capital facilities needed to accommodate growth.

A.

A needs assessment shall contain the following information for each school district:

1.

A description of the nature and location of existing school sites and existing schools within each district.

2.

An identification of the capacity of each school building within the particular district and of the number of students then enrolled in each school building.

3.

A projection of the character and location of new development that is expected to occur within each district during the succeeding ten (10) year period. The district may obtain the information necessary to make this projection from sources such as but not limited to: municipalities, other units of government, agencies and consultants.

4.

An identification of the amount of school lands that will be necessary within each district in order to accommodate the demands of such projected new development, and an estimate of the public grounds acquisition costs that will be incurred or have been incurred by each district in acquiring such lands.

5.

A general description of each classification of school capital facilities (including construction, expansion or enhancement of any public facilities and the land improvement, design, engineering and professional costs related thereto) that will be necessary within each district in order to provide school capacity for the projected new development, and an estimate of the capital facilities costs that will be incurred by each district in constructing such capital facilities.

B.

Based upon the needs assessment, each district shall provide the County an acquisition plan for school sites and capital facilities. This acquisition plan shall:

1.

Project for a planning period of at least five (5) years, the need for school sites within the district.

2.

Set forth a schedule for the acquisition of such lands and facilities to meet the projected need, which schedule may be conditioned upon the availability of financing.

3.

Indicate the size and general location of the needed lands and facilities.

4.

Identify the estimated or incurred costs of acquiring such needed lands and facilities.

5.

Set forth the anticipated funding sources for the acquisition of such needed lands and facilities.

6.

Determine the feasibility of acquiring the needed land and facilities based upon the district's current financial condition.

7.

Determine the feasibility of acquiring the needed land and facilities based upon the district's estimate of the revenues including, without limitation, cash in lieu of land dedication required by this educational facilities impact fee ordinance, pursuant to the plan.

8.

Estimate the impact on property taxes in the County assuming the plan is implemented.

9.

Include a resolution by the corporate authority that the affected school district advocates and supports the provisions of the educational facilities impact fee ordinance and that said ordinance requirements as to dedications of land or cash contributions in lieu thereof are an integral part of the efforts of the affected school district to address the impact of growth within its jurisdiction.

C.

If the County deems it necessary, it may require an updated needs assessment and plan for acquisition of land and capital facilities from each affected school district annually. The failure to require said assessment update shall not invalidate the requirements of this educational facilities impact fee ordinance.

19.12.17 Time of Payment. All land dedications and cash contributions imposed by this educational facilities impact fee ordinance shall be due and payable upon final plat approval. For any lot which received final plat approval prior to the enactment of the educational facilities impact fee ordinance, and which remains vacant at the time the educational facilities impact fee ordinance is enacted, all dedications and fees imposed by the educational facilities impact fee ordinance shall be calculated and shall be due and payable at the time a building permit is issued. At the time of payment (at time of final plat approval or at time of building permit issuance), the subdivider or developer shall receive a copy of the educational facilities impact fee ordinance and shall execute an acknowledgment that a copy of the educational facilities impact fee ordinance has been received. The executed acknowledgment shall be maintained and filed along with documents evidencing proof of land dedication or payment of cash contributions in lieu of land dedication by each subdivider or developer.

A.

In calculating the cash contributions to be paid at the time of platting, the County will assume the maximum density permitted under the zoning classification approved pursuant to the density formula. For example, if the subdivision in question is zoned single-family, the County will assume for purposes of calculating cash contributions payable, pursuant to the educational facilities impact fee ordinance, that all houses will have five bedrooms. The County or, if appropriate, the school district will then hold sufficient funds pending issuance of the building permit to enable it to refund any overpayments resulting from the fact that houses with less than five bedrooms are constructed. Refunds shall be made at time of issuance of the building permit upon application by the developer to the affected school district.

B.

The County may agree that the payment of the cash contributions may be made at the time of issuance of the certificate of use and occupancy in consideration of which the subdivider or developer shall execute an agreement. The agreement provides that the developer agrees: (a) that the cash contributions payable will be adjusted in accordance with the requirements herein; (b) that the cash contributions may be expended for the purposes described; and (c) to accept the validity of the educational facilities impact fee ordinance and the cash contributions as calculated. This agreement, or memorandum thereof, shall be recorded along with the plat of subdivision upon approval by the County.

C.

In the event the County agrees to delay the payment of fees and cash contributions required herein to the time of building permit issuance, the fees and cash contributions owed shall be those that are in effect at the time the building permit is issued.