O-93-48SMB09636A9090393
ORDINANCE NO-0-93-48
VILLAGE OF DEERFIELD
IMPACT FEE ORDINANCE
WHEREAS, the Corporate Authorities of the Village of
Deerfield are concerned about the impact of additional
residential development within the Village upon the ability of
the various governmental units within the Village of Deerfield
such as the School Districts, Park District, Village Library and
Fire Protection District to continue to provide and maintain
existing facilities and levels of service; and
WHEREAS, the Corporate Authorities of the Village of
Deerfield recognize that new residential development imposes
additional burdens upon these governmental units to expand their
capacity in order to serve the residents of newly developed
areas; and
WHEREAS, the Corporate Authorities of the Village of
Deerfield have determined that it is fair and equitable that
newly developed residential areas within the Village bear their
fair share of additional burdens to be borne by these
governmental units which serve the Village as a whole and the
newly developed areas; and
WHEREAS, the current property tax assessment system does not
fully enable these governmental units to receive the required
funds necessary to provide the necessary services for these newly
developed areas in a timely manner.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION Dedication of Land or Payment of Fees in lieu
ONE: thereof.
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 will be required to dedicate land
for park lands, school sites, fire protection district sites,
libraries and Village uses to serve the immediate and future
needs of the residents of the development, or cash contributions
in lieu of actual land dedication or a combination of both at the
option of the Village, in accordance with the criteria and
formula set forth in this Ordinance.
ORDINANCE NO. 0 -93 -48
SECTION Short Title Authority and Applicability.
TWO:
This impact fee ordinance shall be known as and
may be cited as the "Village of Deerfield Impact Fee Ordinance ".
The Board of Trustees of the Village of Deerfield has the
authority to adopt this Ordinance pursuant to its home rule
authority under Article VII of the Constitution of the State of
Illinois of 1970.
SECTION Intents and Purposes.
THREE:
(a) This Ordinance is intended to implement and
be consistent with the Village of Deerfield Comprehensive Plan;
(b) The purpose of this Ordinance is to regulate
the use and development of land so as to insure that new
development bears a proportionate share of the cost of capital
expenditures necessary to provide school facilities, parks, fire
protection, Village and library facilities, in the Village of
Deerfield as contemplated by the Village of Deerfield
Comprehensive Plan.
SECTION Criteria for Requiring Park and Recreational Land
FOUR: Dedication.
(a) Requirement and Population Ratio.
The ultimate density of a proposed
development shall bear directly upon the amount of land required
for dedication. The total requirement for dedication shall be 15
acres of land per 1,000 of ultimate population or fraction
thereof in accordance with the following classifications:
Neighborhood Parks
Community Park
Subtotal for
Dedication
Regional Parks
Total Local Park
Standard
(b) Location.
2 acres per 1,000 population
5 acres per 1,000 population
7
8 acres per 1,000 population
15
The Comprehensive Plan as adopted by the
Village of Deerfield shall be used as a guideline in locating
sites. A park site of not less than 5 acres shall be considered
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ORDINANCE NO. 0 -93 -48
a requirement adjoining all elementary school sites. A central
location which will serve equally the entire development is most
desirable. In large developments these sites can be located
throughout the development according to established standards for
park area distances.
(c) Credit for Private Open Spaces and Recreation
Areas.
When subdividers or developers provide their
own open space for recreation areas and facilities, it has the
effect of reducing the demand for local public recreational
services.
Depending on the size of the development a
portion of the park and recreation area in subdivisions or
planned unit developments may at the option of the Village Board
be provided in the form of "private" open space in lieu of
dedicated "public" open space. The extent of same shall be
determined by the Village Board, based upon the needs of the
projected residents and in conformance to the total park and
recreation land for the general area.
In general, a substitution of private open
space for dedicated parks will imply a substantially higher
degree of improvement and the installation of recreational
facilities, including equipment by the developer as part of his
obligation. Detailed plans of such areas, including
specifications of facilities to be installed, must be approved by
the Village Board, and before any credit is given for private
recreation areas, the subdivider or developer must guarantee that
these private recreation areas will be permanently maintained for
such use by the execution of the appropriate legal documents.
Private "swimming clubs" are included in this provision. When an
adjustment for private recreation areas is warranted, it will be
necessary to compute the total park land dedication that would
have been required from the subdivision or planned unit
development and then subtract the credit to be given.
SECTION
FIVE•
generated by
directly upon
school sites.
determined by
be served in
Criteria for Requiring School Site Dedication.
(a) Requirement and Population Ratio.
The ultimate number of students to be
a subdivision or planned unit development shall
the amount of land required to be dedicated for
The land dedication requirement shall be
obtaining the ratio of: (1) estimated children
bear
to
each such school classification over the (2) maximum
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ORDINANCE NO. 0 -93 -48
recommended number of students to be served in each such school
classification as stated herein, and then applying such ratio to
the (3) said minimum recommended 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 increased
children in each such school classification.
(b) School Classifications and Site of School
Site.
School classifications and size of school
sites within the Village shall be determined in accordance with
the following criteria:
Minimum Number of
Maximum Number of Acres of Land for
School Students for each each School Site
classification by such School of Such
Grades Classification Classification
Elementary 600 Students 15 acres
Schools, Grades -
Kindergarten thru
5th (K -6)
Junior High 900 Students 30 acres
Schools Grades 6th
thru 8th (7 -8)
High Schools, 1,500 Students 75 acres
Grades 9th thru
12th (9 -12)
(c) Location.
The standards adopted by the affected School
Districts shall be used as a guideline in locating sites.
SECTION Criteria for Requiring Fire Protection District
SIX: Site Dedication.
(a) Requirement and Population Ratio.
The use and density of a proposed development
shall bear directly upon the amount of land required for
dedication. The total requirement for dedication shall be in
accordance with the following:
Fire Protection Uses .03 acres per 1,000 population
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ORDINANCE NO. 0 -93 -48
(b) Location.
The applicable provisions and standards adopted
by the Deerfield Bannockburn Fire Protection District shall be used
as a guideline in locating sites. A Fire Protection District site
of not less than .63 acres shall be considered a requirement based
on existing Fire Protection facilities. Site classification and
size of fire protection district sites within the Village shall be
determined in accordance with existing Fire Protection District
criteria.
SECTION Criteria for Requiring Library and Village Use
SEVEN: Site Dedication.
(a) Requirement and Population Ratio.
The ultimate density of a proposed development
shall bear directly upon the amount of land required for
dedication. The total requirement for dedication shall be 4.09
acres of land per thousand of ultimate population or fraction
thereof in accordance with the following classifications:
Village and
Library Uses
Total for
Dedication
(b) Location.
4.09 acres per 1,000 population
4.09 acres per 1,000 population.
The Comprehensive Plan as adopted by the
Village of Deerfield shall be used as a guideline in locating
sites. A site of not less than 6 acres shall be considered a
requirement for each library and Village site. A central location
which will serve equally the entire development is most desirable.
In large developments, these sites can be located throughout the
development according to established standards for library and
Village use distances.
SECTION Criteria for Requiring a Contribution in Lieu
EIGHT: of Village, Library, Park, School and Fire
Protection Sites.
Where the development is small and the resulting
site is too small to be practical or when the available land is
inappropriate for park and recreational purposes or a school or
library site or for Village 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 park
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ORDINANCE NO. 0 -93 -48
and recreation land dedication shall be held in trust by the
Village, solely for the acquisition of park and recreation land as
hereinbefore classified which will be available to serve the
immediate or future needs of the residents of that subdivision or
development or for the improvement of other existing park and
recreation land which already serves the needs of the entire park
district. The cash contribution in lieu of school sites shall be
held in trust by the Village, solely for use in 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 which already serves the
needs of that development or the entire school district. The cash
contribution in lieu of Village and Library sites shall be held in
trust by the Village, solely for the use and acquisition of land
for Village and Library sites to serve the immediate and future
needs of residents of that subdivision or development or for the
improvement of any existing village or library site which already
serves the need of that development. The cash contribution in lieu
of Fire Protection District sites shall be held in trust by the
Village solely for the use and acquisition of land for a Fire
Protection District site to serve the immediate or future needs of
residents from that subdivision or for the improvement to any
existing Fire Protection District site which already serves the
needs of that development. If any portion of a cash contribution
in lieu of land dedication is not expended for the purposes set
forth herein within 10 years from the date of receipt, it shall be
refunded to the developer who made such contribution. Said cash
contribution in lieu of park, school, village, library, and Fire
Protection District land dedication shall be deposited with the
Village Finance Director before the issuance to the developer of
its first building permit for such subdivision or development.
(a) 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 as specified herein, that otherwise would have been
dedicated as park, Village, library, school and Fire Protection
District sites. It has been determined that the present, "fair
market value" of such improved land in and surrounding the Village
is $175,000 per acre and such figure shall be used in making any
calculation herein unless the subdivider or developer files a
written objection thereto. In the event of any such objection the
developer shall submit an appraisal showing the "fair market value"
of such improved land in the area of his development or other
evidence thereof and final determination of said "fair market
value" land in the area of his 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 or developer and
ORDINANCE NO. 0 -93 -48
from other sources which may be submitted to the Village Board by
the Park District, School Districts, Library District, Fire
Protection District or others.
(b) Criteria for Requiring 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:
(i) Only a portion of the land to be developed
is proposed as the location for a park,
village, library, Fire Protection
District, or school site. That portion of
the land within the subdivision falling
within the park, Village, library, Fire
Protection District, or school location
shall be dedicated as a site as aforesaid,
and a cash contribution in lieu thereof
shall be required for any additional land
that would have been required to be
dedicated;
(ii) A major part of the local park, Village,
library, Fire Protection District, 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 dedication portions shall be
required to complete the site. The
remaining portions shall be required by
dedication, and a cash contribution in
lieu thereof shall be required.
SECTION Density Formula.
NINE:
The table of population density attached hereto as
Appendix A and made a part hereof 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. In the event a subdivider or developer
files a written objection to Appendix A attached hereto it shall
submit its 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
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ORDINANCE NO. 0 -93 -48
Village Board based upon such demographic information submitted by
the subdivider or developer and from other sources which may be
submitted to the Village Board by the Park District School
Districts, Library District, Fire Protection District or others.
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.
SECTION Reservation of Additional Land.
TEN:
Where the Comprehensive Plan or the standards of the
Village call for a larger amount of park, Village, library, Fire
Protection District, 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 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.
SECTION Combining with Adjoining Developments.
ELEVEN:
Where the subdivision or planned unit development is
less than 5 acres, public open space or a school site 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.
SECTION Topography and Grading.
TWELVE:
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 park and recreational
uses shall not differ greatly from surrounding land.
SECTION Improved Sites.
THIRTEEN:
All sites shall be dedicated in a condition ready
for full service of electrical, water, sewer and streets (including
enclosed drainage and curb and gutter) as applicable to the
location of the site, or acceptable provision made therefor in
accordance with applicable Village ordinances. The sidewalks and
trees normally included within the definition of "improved" sites
may be deleted due to the delay time between dedication of any such
site and construction of the facilities thereon.
ORDINANCE NO. 0 -93 -48
SECTION Annexation.
FOURTEEN:
The dedications of land or cash contributions in
lieu thereof required by this Ordinance shall also be required as a
condition to the annexation of any residentially zoned land to the
Village and provisions therefor shall be incorporated in any
pre- annexation agreement governing such land.
SECTION Appeal.
FIFTEEN•
Any decision made by the Village Manager or Finance
Director, his designee or the building official in the course of
administering this Ordinance may be appealed in accordance to those
procedures set forth in the Village of Deerfield municipal code.
SECTION Penalty and Enforcement Provision.
SIXTEEN:
A violation of this Ordinance shall be a misdemeanor
punishable according to law. However, in addition to or in lieu of
any criminal prosecution, the Village of Deerfield or any fee payor
shall have the power to sue for relief in civil court to enforce
the provisions of this Ordinance. Knowingly furnishing false
information to the Village Manager on any matter related to the
administration of this Ordinance shall constitute a violation
thereof.
SECTION Severability.
SEVENTEEN:*
If any provision of this Ordinance or the
application thereof to any person or circumstance is declared
invalid by a court of competent jurisdiction, such partial
invalidity shall not affect other provisions or applications of
this Ordinance which can be given effect without the invalid
provision of application thereof, and to this extent the provisions
of this Ordinance are declared to be severable.
SECTION Authority.
EIGHTEEN:
Dedication of land or payment of cash contributions
in lieu thereof as required by this Ordinance shall be applicable
unless the Corporate Authorities of the Village of Deerfield
determine either that (i) such new subdivision or development will
not in itself have an impact upon or create a need for new school,
park, fire and /or emergency medical services facilities or (ii)
said subdivision 'or development will have a lesser or differing
impact than is provided for herein or that (iii) any such need is
not uniquely attributable to such new subdivision or development.
In any of such instances the Corporate Authorities may determine
that any required dedication of land or payment of cash may be
reduced to reflect the specific impact of any such subdivision or
U
ORDINANCE NO. 0 -93 -48
development. The determination in this regard by the Corporate
Authorities of the Village of Deerfield shall be binding upon all
the parties involved.
SECTION Effective Date.
NINETEEN:
This Ordinance shall become effective from and after
its passage and publication in the manner provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this 7th day of September A.D., 1993.
APPROVED this 7ER day of September A.D., 1993.
ATTEST:
VILBAGE CLERK
1
VILLAGE PRESIDENT
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(D
N-
k
TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT
Children Per
Unit
Type of Unit
Pre - School Elementary
Junior High
TOTAL
High School
O
0- 4
Grades K -5
Grades 6 -8
Grades K -8
Grades 9 -12
Adults
Total Per
O
5 -10 Years
11 -13 years
5 -13 years
14 -17 years
18 yrs+
Dwelling Unit
►-�
z
Detached Single
Family
Z
n
2 bedroom
.102
.122
.041
.163
.020
1.694
1.979
t0
3 bedroom
.254
.346
.138
.484
.142
1.921
2.801
z
4 bedroom
.413
.470
.303
.773
.303
2.142
3.631
O
5 bedroom
.236
.314
.231
.545
.212
2.637
3.630
Attached Single
Family
10
1 bedroom
-0-
-0-
-0-
-0-
-0-
1.068
1.068
Ca
2 bedroom
.092
.095
.077
.172
.037
1.776
2.077
3 bedroom
.231
.237
.064
.301
.066
1.805
2.403
00
4 bedroom
.332
.345
.155
.500
.168
2.243
3.243
Apartments
Efficiency
-0-
-0-
-0-
-0-
-0-
1.360
1.360
1 bedroom
-0-
.002
.001
.003
.001
1.749
1.753
2 bedroom
.042
.082
.041
.123
.042
1.614
1.821
3 bedroom
.050
.230
.123
.353
.116
2.499
3.018
Note: There are
only three
significant categories
provided in this
chart. Because of the similarity
of yields
of all types
of attached single
family dwelling units,
only one category
is provided.
The same is
true with
apartments; thus,
only one
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
�j `O
Number I