As a condition of approval of a final plat of subdivision or planned unit development, each subdivider or planned unit developer will be required to dedicate land or cash in lieu of actual land or a combination of both in accordance with the following criteria:

1. A.
   Criteria for Park and Recreation Land Dedication.

   1. 1.
      Location

      A comprehensive Recreation Department plan and/or appropriate standards adopted by affected Recreation Departments shall be used as a guideline in locating sites all lands so credited shall be above the 100-year design flood levels, and must meet the requirements of the Recreation Board. Specifically identified and approved wetland or natural areas located below the 100-year flood level may be credited in whole or in part, subsequent to Recreation Board review, and consent by the City Council. Other areas such as Storm Water Control Facilities may be taken by the City but will not be used to satisfy the requirements herein.

   2. 2.
      Requirement and population Ratio

      The ultimate population density to be generated by a subdivision or planned-unit development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times 10 acres per 1,000 populations. Total population is determined by applying the estimated ultimate population per dwelling unit table (Table 1) to the number of respective units in the development. For purposes of this requirement each single family home will have four bedrooms. Each duplex unit will be calculated as 50% two-bedroom units and 50% three bedroom units. Each townhome and apartment will be calculated with two bedrooms.

2. B.
   Criteria for Requiring School Site Dedication

   1. 1.
      Requirement and population Ratio

      The ultimate number of students to be generated by a 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 by obtaining the ratio of: (a) estimated children to be served in each school classification (this number is determined by applying the estimated ultimate population per dwelling unit table (Table 1) to the number of respective units in the 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 the (c) said minimum recommended number of acres for a school site of each such classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. For this computation, density calculations shall be the same as A2 above.

   2. 2.
      School Classification and Size of School Site

      School classification and size of school sites within the City shall be determined in accordance with the following criteria that is consistent with the minimum site recommendations of the Illinois State Board of Education (variances of grade organization and size are subject to local Board of Education District policy):

3. C.
   Criteria for Requiring a Cash Contribution in Lieu of Park and School Sites

   1. 1.
      When available land is inappropriate for park, recreational, or school sites, the City shall require a cash contribution in lieu of the land dedication by the subdivider or unit developer.
   2. 2.
      Collection of Fees

      1. a.
         The cash contribution in lieu of park and recreation land dedication shall be held in trust by the City or other public body designated by the City, for the acquisition of park or recreational land as herein classified, which will be available to serve the immediate and future needs of the residents of that subdivision or development, or for the improvement of other existing local park and recreation lands which already serves such needs.
      2. b.
         The contributions in lieu of school sites shall be paid directly to the School District who will in turn issue a receipt that must be presented to the City prior to approval of the final plat. Said funds shall be used for the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development, or for the improvement to any existing school site or buildings which already serve or will serve such need. The City shall require a current supporting resolution enacted by the Board of Education Appendix F Herein, and shall require a report of fees collected by the School District on or about January 1 of each year. The City reserves the right to collect said funds if necessary.
      3. c.
         The total cash contribution to be required shall be determined at the time the final plat is approved. Prior to execution of the final plat by the appropriate City Officials, the developer or subdivider shall pay the total required cash contribution as follows:

         1. a.
            One third (1/3) of the amount calculated for the entire plat calculated or the unit of land being final platted is to be paid to either the City of Yorkville for Park Cash Contributions or to the School District for School Cash Contributions along with a Letter of Credit to the appropriate agency assuring payments as specified from an approved financial institution in the amount equal to two thirds (2/3) of said entire amount, prior to the final plat being executed by the City. The letter of credit is hereinabove provided shall expressly provide it may be drawn against by the City or by the School District at any time the developer or subdivider fails to make the payments.
         2. b.
            One third (1/3) of said amount for the entire final plat shall be paid upon issuance of the first occupancy permit or one year after the final plat is recorded, whichever occurs first. The Letter of Credit will be reduced to an amount equal to one third (1/3) of said entire amount after said second payment.
         3. c.
            The final amount due as calculated per the ordinance for the entire final plat shall be paid prior to the acceptance in full or in part of the Public Improvements or two years after the final plat is recorded, whichever occurs first. The Letter of Credit will be returned after said payment.
   3. 3.
      Refund

      If any portion of a cash contribution in lieu of park, recreation, or school sites is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded to the lot owner or owners of these lots for which the contribution was made which owner or owners are determined at the time the date of refund is established.

   4. 4.
      Criteria for requiring Land Dedication and a Fee

      There will be situations in subdivisions or planned unit developments. when a combination of land dedication and a contribution in lieu of land are both necessary; these occasions will arise when:

      1. a.
         Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be dedicated as a site as stated earlier, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
      2. b.
         A major part of the local park, recreation, or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication and a cash contribution in lieu thereof shall be required.
   5. 5.
      Fair Market Value

      The cash contributions in lieu of land shall be based on the “Fair market value”' of the acres of land in the area improved that otherwise would have been dedicated as park, recreation, or school sites. Because of the diversity of lands within the City, a single determination of “fair market value” is not possible. The “fair market value” for any particular parcel shall be determined by the Supervisor of Assessment Office of Kendall County prior to plat approval. This valuation determined by the Supervisor of Assessments shall be used unless any subdivider, developer, or public body files a written objection thereto. In the event of any such objection. the subdivider, developer, or public body shall submit an appraisal showing the "fair market value" of such improved land in the area of development of other evident. Final determination of said "fair market value" per acre of such improved land shall be made by the City Council based on such information submitted by the subdivider or developer and from other sources as may be submitted to the City Council by affected parties.

4. D.
   Time of Conveyance of payment

   1. 1.
      The subdivider or developer shall convey to the respective school district and the City, the lands required under this agreement within thirty (30) days after final subdivision plat or final plat of a planned unit development is recorded in the Kendall County Recorder's Office.
   2. 2.
      A subdivider or developer shall make each cash contribution required under this Ordinance.

      As noted in C2c above.

5. E.
   Density

   The attached table, marked as Table No. 1, being the same as Estimated Ultimate Population per Dwelling Unit, 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 developer.

   In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population Per Dwelling Unit attached hereto, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development and in that event final determination of the density formula to be used in such calculations shall be made by the City Council, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. It is recognized that population density, age distributions 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.

6. F.
   Reservation of Additional Land

   Where the School District's or Recreation Department's's comprehensive plan or stands of the City Council call for a larger amount of park and recreational land or school. sites in a particular subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchases by the City or other public body designated by the City, provided that such acquisition is made within one year from the date of approval of the final plat at a cost per acre as established in item C5 above.

7. G.
   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, topsoiling, and landscaping on sites dedicated for park and recreational uses will be performed according to plans and specifications provided by the Recreation Department.

8. H.
   Improved Sites

   All sites shall be dedicated in a condition ready for full service of electrical, water, sewer, sidewalks, landscaping, streetlights and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefore. The sidewalks and trees normally included within the definition of “Improved” sites may be deferred due to the delay time between dedication of any such site and construction of facilities thereon. In such a case, the real cash value shall be paid.

The 1993 yield table is a compilation of data secured from numerous sources throughout the Chicagoland Metropolitan area. Both school districts and municipalities have provided statistical data to update these figures. To those agencies. organizations, municipalities and school districts which have helped and have provided pertinent information, we are most grateful.

(Ord. No. 1996-3, effective 01/25/1996; Ord. No. 2024-23, effective 05/17/2024)

Effective on: 5/17/2024