Chapter 16 - Subdivision Code
Division 6 - Public Land Dedication and Reservation Requirements
SEC 16.6 1 GENERAL APPLICABILITY. All subdivisions of property with a residential use shall be designed so that park and recreational areas are provided in the manner and to the extent prescribed by this Section, so as to accommodate the open space and recreational needs of those persons living within the confines of the subdivision. This Division shall also apply to any development on a platted lot of record.
SEC 16.6 2 AMOUNT & LOCATION OF LAND DEDICATION REQUIREMENTS. As a condition of approval of a final plat of a subdivision, each owner, subdivider or developer or property with a residential use, shall be required to dedicate land for park and recreational purposes, to serve the immediate and future needs of the residents of the development or to contribute cash in lieu of said actual land dedication, or to make a combination of cash contribution and land dedication at the election of the Town in accordance with the following criteria and formula:
- Requirement and Population Table. The ultimate density
of a proposed develop¬ment bears directly on the amount of land
required for park purposes. The total requirement shall be ten
(10) acres of land per one thousand (1,000) of ultimate population.
Projected population is based upon the maximum number of dwelling
units per acre (hectare) permitted in the respective zoning
district and the projected number of occupants per unit See
SEC. 16.6 3(C)&(D).
- Location. The Comprehensive Plan and Official Map
as adopted by the Town Council, shall be used as a guideline
in locating sites along with the Park & Open Space Master Plan.
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 accepted standards
for park area distances. The use of bike and pedestrian trials
and greenways throughout the subdivision is also desirable.
- Cash Contribution Alternatives. In the event the
Town should determine that a cash contribution shall be made
by the owner, subdivider or developer in lieu of land dedication,
the Town shall apply the population ratio of 1.0 acre of land
for one hundred (100) ultimate population within the development
or area to be subdivided times the fair market value as established
in SEC. 16.6 3 of this Code.
- Condition of Land. The property to be dedicated pursuant
to this Division shall be in a condition acceptable to the Town.
The subdivider or developer shall meet with the Town prior to
removing or altering the pre-development condition of the land.
The Town and subdivider or developer shall reach agreement on
the condition of the property to be dedicated prior to any alteration
of the property by the subdivider or developer. Unless otherwise
agreed land dedicated shall comply with the design and construction
standards for recreational facilities in the Town of Normal
Manual Practice for the Design of Public Improvements in the
Town of Normal.
- Parkland Credit. Greenways and trails throughout the subdivision connecting to adjacent properties may upon Town approval receive full or partial credit as parkland provided the same is dedicated in a condition acceptable to the Town.
16.6 3 CRITERIA FOR REQUIRING A CASH CONTRIBUTION
IN LIEU OF LAND DEDICATION. By agreement with the subdivider
or developer or in the sole discretion of the Town, the owner, subdivider
or developer shall be required to pay a cash contribution in lieu
of the land dedication or a combination of land and cash in lieu
of land. The cash contribution in lieu of park and recreation land
dedication shall be held in trust by the Town or other public body
designated by the Town, solely for the acquisition and development
of park and
recreation land as herein before classified, which may be available
to serve the immediate or future needs of the residents of that
subdivision or development or for the improvement of other existing
local park and recreational land which already serves such areas.
- Fair Market Value. The cash contribution 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 and recreational sites. It
has been determined that the present “fair market value” as
of the adoption date of the revised code of such improved land
in the planning jurisdiction of the Town is $45,000 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 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”
per acre of such improved land shall be made by the Town Council
based upon such information submitted by the subdivider or developer
and from other sources which may be submitted to the Town Council.
- Criteria for Requiring Dedication and a Fee. There
will be situations in subdivisions when a combination of land
dedication and a 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 park or school site. That portion
of the land within the subdivision falling within the park
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.
- A major part of the local park or recreation site has
already been acquired and only a small portion of land is
needed from the development to complete the site. The remaining
portion shall be required by dedication, and a cash contribution
in lieu thereof shall be required.
- 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
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.
- Density Formula. The estimated population per dwelling
unit based on current and short range projected trends in family
size of new construction is indicated in this Section and shall
be used in calculating the amount of required dedication for
acres of land and any combination of land dedication and cash
contribution unless a written objection is filed thereto by
an owner, subdivider or developer. The estimate is as follows:
Zoning District Population (People per dwelling unit) R 1AA 2.7 R 1A 2.7 R 1B 2.7 R 2 2.5 R 3A 2.5 R 3B 3.0 R 4 2.7 Any other District permitting dwelling Units (Other) 2.5
This figure can be reviewed on an annual basis and may be adjusted annually to reflect changes in land costs and the costs of improvements based upon the maximum allowable number of dwelling units per lot. For property zoned R 3A and R 3B, and under the Other category above, the estimate shall be based on the maximum allowable number of two bedroom dwelling units per lot.
In the event an owner, subdivider or developer files a written objection to the population estimates listed herein, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision, and in that event, final determination of the density formula to be used in such calculations shall be made by the Board of Trustees based upon such demographic information submitted by the owner, subdivider or developer and from other sources which may be submitted to the Board of Trustees. 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.
- Land and Cash Contribution Formula.
- In the event the Town shall require land dedication
pursuant to this Code it shall be in amounts not less than
the following:
Zoning District Land Dedication (square feet per dwelling unit) R 1AA 1,176.12 R 1A 1,176.12 R 1B 1,176.12 R 2 1,089.00 R 3A 1,089.00 R 3B 1,089.00 R 4 1,176.12 Other 1,089.00
It is recognized that local conditions change over the years and the land dedication requirements of this Section are subject to periodic review and amendment, if necessary.
- Cash Contribution. In the event the Town shall
require solely cash in lieu of park and recreation land
dedication, pursuant to this Code, the cash contribution
shall not be less than the amounts in the following table:
Zoning District Cash contribution (per dwelling unit) R 1AA $608.11 R 1A $608.11 R 1B $608.11 R 2 $562.50 R 3A $562.50 R 3B $562.50 R 4 $608.11 Other $562.50
It is recognized that local conditions change over the years and the cash contribution provided in the foregoing is to be subject to periodic review and amendment, if necessary.
- In the event the Town shall require land dedication
pursuant to this Code it shall be in amounts not less than
the following:
16.6 4 RESERVATION OF ADDITIONAL LAND. Where the Comprehensive Plan or the standards of the Town call for a larger amount of park and recreational land in a particular subdivision than the developer is required to dedicate, the land needed beyond the developer’s contribution shall be reserved for subsequent purchase by the Town, provided that such acquisition is made within one (1) year from the date of the Final Plat which includes the area of the park to be dedicated.
16.6 5 COMBINING WITH ADJOINING DEVELOPMENTS. Where the subdivision is less than forty (40) acres (16 hectares), public open space which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas without hardship on a particular developer.
16.6 6 TOPOGRAPHY AND GRADING. Unless otherwise agreed, the slope, topography and geology of the dedicated site shall be in conformance with the Town of Normal Manual Practice for the design of public improvements.
16.6 7 IMPROVED SITES. Unless otherwise agreed, all sites shall be dedicated in a condition in conformance with the Town of Normal Manual Practice for the design of public improvements.
(SEC. 16.6-1 through 16.6-7 Amended 3/20/06 by Ord. No. 5064)
SEC. 16.6-8 SCHOOL LAND DEDICATION.
16.6-8.1 General.
- Where it is the policy of the impacted school district to
request developers of new residential developments to dedicate
land or make cash contributions to the district in lieu of dedicating
land for new schools, the following provisions shall apply.
- Fees and/or land dedications from developers of residential developments under the jurisdiction of the Town shall be in accordance with SEC 16.6- 8.
16.6-8.2 Provisions.
- Dedication of School Sites or Payment of Fees in lieu of:
As a condition of approval of a Final Plat of subdivision or Final Development Plan of a Planned Unit Development, each subdivider or developer shall be required to dedicate land for school sites, to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, as determined by the Town of Normal and the impacted school district, in accordance with the following criteria and formula.
- Criteria for Requiring School Site Dedication:
- 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: (1) estimated children to be served in each
such school classification over the (2) maximum recommended
number of students to be served in each 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 area of land deemed needed
to have sufficient land for school sites to serve the estimated
increased children in each such school classification.
- School Classifications and Size of School Site.
School classifications and size of school sites within the
Town shall be determined in accordance with the following
criteria:
School Classification Max. No. of Students Min. Site Size (Acres) Min. Site - Size (Hectares) Elementary 600 11 4.5 Junior High 900 29 12.0 Senior High 1,200 50 20.0
- Location. The Town of Normal Comprehensive Plan and or the standards adopted by the impacted school district shall be used as a guideline in locating sites.
- 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: (1) estimated children to be served in each
such school classification over the (2) maximum recommended
number of students to be served in each 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 area of land deemed needed
to have sufficient land for school sites to serve the estimated
increased children in each such school classification.
16.6-8.3 Criteria for Requiring a Contribution in Lieu of School Sites. Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for a school site, the Town shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contribution in lieu of school sites shall be held by the Town, solely for the 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. Said cash contribution in lieu of school site dedication shall be deposited with the Town prior to recording of the final plat or approval of the Final Development Plan for a Planned Unit Development.
- Fair Market Value. The cash contribution in lieu
of land shall be based on the “fair market value” of the acres
(hectares) of land in the area improved as specified herein,
that otherwise would have been dedicated as a school site. It
has been determined that the present “fair market value” of
such improved land in and surrounding the Town is $35,000 per
acre ($14,164 per hectare) 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/her
development or other evidence thereof and final determination
of said “fair market value” per acre (hectare) of such improved
land shall be made by the Town Council based upon such information
submitted by the subdivider or developer and from any other
sources which may be submitted to the Town Council, school district
and others.
- 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:
- Only a portion of the land to be developed is proposed
as the school site. That portion of the land within the
subdivision falling within the school location shall be
dedicated as a site as aforesaid, and a cash contribution
shall be required for any additional land that would have
been required to be dedicated.
- A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication and a cash contribution in lieu thereof shall be required.
- Only a portion of the land to be developed is proposed
as the school site. That portion of the land within the
subdivision falling within the school location shall be
dedicated as a site as aforesaid, and a cash contribution
shall be required for any additional land that would have
been required to be dedicated.
16.6-8.4 Density Formula. The following table of population density is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the amount of required dedication of acres (hectares) of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer.
| Housing Type | Elementary (Children per du) | Junior High (Children per du) | Senior High (Children per du) |
| Single & Two Family | 0.385 | 0.117 | 0.187 |
| Multifamily | 0.094 | 0.036 | 0.06 |
In the event a subdivider or developer files a written objection
to the Table of Estimated Ultimate Population listed herein, he/she
shall submit his/her 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 Town
Council based upon such demographic information submitted by the
subdivider or developer and from other sources which may be submitted
to the Town Council, school 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.
16.6-8.5 Annexation. The dedications of land or cash contributions in lieu thereof required by this Section shall also be required as a condition to the annexation of any land to the Town and provisions thereof shall be incorporated in any pre-annexation agreement governing such land.
16.6-8.6 Exemptions. The dedication of land or cash contributions in lieu thereof as required by this Section shall be applicable unless the Town Council determines either that such new subdivision will not in itself have an impact upon or create a need for new school facilities and that any such need is not uniquely attributable to such new subdivision. The determination by the Town Council shall be binding upon all the parties involved.
16.6-8.7 Formula For Cash Contributions.
| Children/dwelling unit/school classification/zoning district | R-1AA | R-1A | R-1B | R-2 | R-3A | R-3B |
| Elementary | 0.385 | 0.385 | 0.385 | 0.385 | 0.094 | 0.094 |
| Junior High | 0.117 | 0.117 | 0.117 | 0.117 | 0.036 | 0.036 |
| Senior High | 0.187 | 0.187 | 0.187 | 0.187 | 0.060 | 0.060 |
| Dwelling units/acre/zoning district (maximum) | 2 | 4 | 6 | 14 | 18 | 72 |
| Children/acre/school classification/zoning district | ||||||
| Elementary | 0.770 | 1.540 | 2.310 | 5.390 | 1.692 | 6.768 |
| Junior High | 0.234 | 0.468 | 0.702 | 1.638 | 0.648 | 2.592 |
| Senior High | 0.374 | 0.748 | 1.122 | 2.618 | 1.080 | 4.320 |
| Maximum School Population & Minimum Site Size (acres)/school classification | Maximum School Population | Minimum Site Size (acres) | Minimum Site Size (hectares) |
| Elementary | 600 | 11 | 4.45 |
| Junior High | 900 | 29 | 11.74 |
| Senior High | 1200 | 50 | 20.23 |
| Required Land Dedication by school class classification & zoning district (acres) | R-1AA | R-1A | R-1B | R-2 | R-3A | R-3B |
| Elementary | 0.0141 | 0.0282 | 0.0424 | 0.0988 | 0.0310 | 0.1241 |
| Junior High | 0.0075 | 0.0151 | 0.0226 | 0.0528 | 0.0209 | 0.0835 |
| Senior High | 0.0156 | 0.0312 | 0.0468 | 0.1091 | 0.0450 | 0.1800 |
| Total Land Dedication (acres) per acre | 0.0372 | 0.0745 | 0.1117 | 0.2607 | 0.0969 | 0.3876 |
| Total Land Dedication (hectares) per hectare | 0.0151 | 0.0301 | 0.0452 | 0.1055 | 0.0392 | 0.1569 |
| Total Land Dedication (acres) per dwelling unit | 0.0186 | 0.0186 | 0.0186 | 0.0186 | 0.0054 | 0.0054 |
| Total Land Dedication (hectares) per dwelling unit | 0.0075 | 0.0075 | 0.0075 | 0.0075 | 0.0022 | 0.0022 |
| Required Fee in Lieu of Land Dedication by school classification & zoning district | R-1AA | R-1A | R-1B | R-2 | R-3A | R-3B |
| Elementary | $494.08 | $988.17 | $1,482.25 | $3,458.58 | $1,085.70 | $4,342.80 |
| Junior High | $263.90 | $527.80 | $791.70 | $1,847.30 | $730.80 | $2,923.20 |
| Senior High | $545.42 | $1,090.83 | $1,636.25 | $3,817.92 | $1,575.00 | $6,300.00 |
| Total Fee per acre | $1,303.40 | $2,606.80 | $3,910.20 | $9,123.80 | $3,191.50 | $13,566.00 |
| Total Fee per hectare | $527.48 | $1,054.96 | $1,582.44 | $3,692.35 | $1,372.52 | $5,490.08 |
| Total Fee per dwelling unit | $651.70 | $651.70 | $651.70 | $651.70 | $188.42 | $188.42 |
16.6-8.8 Procedures for Managing Cash Contributions.
- The school district's business agent shall provide a copy
of the school district's policy and procedures to any developer
seeking approval of a new residential development under the
jurisdiction of the Town.
- The required cash contributions shall be deposited with
the Town's Finance Department before the Town shall record the
Final Plat or approve the Final Development Plan of a Planned
Unit Development.
- The Finance Department shall deposit the cash contribution
in an escrow account and shall issue periodic reports to the
business agent for the school district.
- The business agent shall file a capital improvement plan
with the City Clerk which shall indicate the proposed use of
funds by the school district.
- The business agent shall file a request for transfer of
funds with the City Clerk, certifying that the funds so paid,
shall be used for the capital improvements in accordance with
the plan referenced in SEC 16.6-8.8(D).
- The school district's business agent shall maintain records indicating the use of the funds. In the event the funds are not used by the school district within one year of receipt, said funds with any earned interest will be returned to the Town.