Loading...
HomeMy Public PortalAboutResolution 13607 Resolution Number 1360 A Resolution Adopting Capital Development Impact Fees for Oswego School District 30$ lr WHEREAS, Oswego School District 308 (the School District) has commissioned a comprehensive Study (the Study) quantifying the impact of residential development on the School District and its buildings and facilities; and WHEREAS, the Study was completed by the Center for Governmental Studies at Northern Illinois University; and WHEREAS, the School District has adapted the Study entitled, Development Impact Fee Data Tables-Series 1 and .Series 2 dated November 2001 by the School District's Resolution dated February 11, 2002 (a copy of which is attached hereto as Exhibit A); and WHEREAS, the School District encouraged the Village of Plainfield to implement impact fees for growth and development within the Village of Plainfield to finance the construction of new school buildings and facilities or the expansion of existing school buildings and facilities in order to serve the pupils generated; and WHEREAS, the Village of Plainfield Staff has reviewed the assumptions and logic on which the Study is based and finds that the assumptions and logic are reasonable; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, ILLINOIS, 1. That all of the recitals contained in the Preambles to this Resolution are full, true and correct and does incorporate them into this Resolution by reference as if fully set forth in this Section 1. 2. That the Village does hereby adopt the fees contained in the Study as the basis far the School District's Capital Development Impact Fees far all annexation agreements of the Village of Plainfield for housing units that will be constructed in Oswego School District 308. The Village of Plainfield shall endeavor to negotiate the fees reflected in the Study into all annexations agreements in Oswego Schaol District 308 applied for subsequent to the approval of this resolution. 3. The Village of Plainfield in its sole discretion retains the right to waive or modify the Capital Development Impact Fee for a particular development if the development in question could potentially annex to a municipality within the borders of School District 308 that has not adopted, implemented, or charged the Capital Development Impact Fee or will not charge the fee for the development in question. - ,. 4. That the School District shall maintain separate accounting of the fees received from the Village of Plainfield and shall, at least on an annual basis, provide said accounting to the Village of Plainfield reflecting all receipts generated in the Village of Plainfield, disbursements from funds generated by the Village of Plainfield and balance of Village of Plainfield Fees on hand as of June 30 of each year beginning in 2003. The Village shall, at its sole discretion, have the right to audit the accounting of the Capital Development Impact Fees. The School District will not deny access to any of its records pertinent to projects funded in whole or in part by the Village of Plainfield's Capital Development Impact Fees. If the Village elects its right to audit, the audit shall be conducted at the Village's expense during normal business hours of the School District or such other times as the Village and School District may mutually agree to. 5. The Capital Development Impact Fees generated in the Village of Plainfield shall be expended to benefit students from the subdivisions of the Village of Plainfield generating the Fees. To the extent possible, the fees generated in the Village of Plainfield shall be expended for facilities in the geographic boundaries of the Village of Plainfield. 6. The Village shall collect the required fee prior to the issuance of a building permit for any affected residence. The Village may require any documentation it deems appropriate to document the final sales price of the residence. 7. On a quarterly basis, the Village shall turn over any Capital Development Impact Fees so collected to the School District. The Village may withhold payments if the School District has not complied with the requirements of this resolution. 8. The School District shall review and update the Capital Development Impact Fees every three (3) years to determine the appropriateness of the Fees. If changes are necessary, the School District shall supply a new fee schedule to the Village of Plainfield for evaluation and consideration of implementation. 9. The School District shall hereby indemnify, defend (at the Village's option) and hold harmless the Village of Plainfield for any legal action, damages, court judgements, and the like instituted as a result of the Village charging, collecting, or administering the Capital Development Impact Fee. Passed and Approved this 3rd day of February, 2003. - - ,. _- ~ VILLA P SI ENT ~~ AT ST , . -- .. VI7~LAGE CL-ERK 0o u7 O o c5a r~ O o ~ C ° ~ ~ ~ ~ te r- ~~ ~ M 1.57 ~ p M J ~ 07 M S O O U .~ Z ~ ~ ~ ~ ~ ~ E 0 "~ 570 lt7 ~ ~ ~ O ` N 51) ~ 'v 1 1 O .-. O In ~ a N ? ~ ~ ~ r O QO J d9 Ef} 6F} Ef? ~ N 0 ~ 0 ~ 0 L N © O O O _ a ~ ` ~ ao ~~ ~ ~ ~ ~ ~ ~. ~ ~ o a~ rn ~ u7 Si7 •~ ~ ~ 0 u~ L~ r r a v v N Uv, ~ O ~ ~ ?+ ~ ~ ~ ~ N O~ ~ _ © ~ O ~ Q o ~ ~ j v Q o 0 0 ~ ca o ~ ~ ~ Q1 ~ ~ o u7 Sn u7 ~ j N M r SY7 ~ V 64 bR3 Ef} 69 m m ~ ~ m m M M ~E .~ ~ ~ O ,~ ll ~ ~ ~ ~ U ~ U O. SD 07 tJ7 N c~ 0 0 a~ 0 c O U ca O C O Z7 C7 C 5~ _~ 0 N 1= Sw O a~ ro ca e t0 O ~ ~ ~ SD O "5:7 ~ qOj O 5* •L O U 5!J O ~ C_ ~ ~ .-. ~ 0 0 U Sn ~ O O o ~ w `~ ~, o Sv ~ yL.+ ~L y ~ ~ ~ © ~ N ~ `O ~ L O Sp O l~ U sZ ~ N to O ~ ~ ~ Sv ~ ~ ~ ~ ~ U ~ ~ a~~ ~~ .~ A ~ ~ ~ c c L L N ' 1~ O ~ ~ O 'C7 (~ ~ E~ oro u -a ~ O a~ c ~ c~ ~ o ~" ,~ a`~ ~ Sn `(U p ~ ~ O j C O 7 "~ ~ ~ O O µ- ~ ~ ~ ~ N +-~ = O ~ ~ ~ ~ .~ N cCf ~ U M „05~, to 'n ~ L fn 3 ~ ~ ~ '~ ~ ~ ~ t ~ .O ~ '~ `~` O O N O '~ ~ ~ t1 O N ~ O Sv ~ tOn ~ ~ ~ ~ ~~ ~H ViLLnr,F oP PLAINhIELD July ] S, 2002 To: Mayor Rock and the Board of Trustee From: Chris Minick, Finance Director Subject: School District 308 Capital D ment Impact Fees Richard A. Rock PRL'SIDANT TRUSTEES Stephen J. Calabrese John H. Cherry Michael Collins Kathy O'Connell Ron 5walwell Stephen Thomson Susan Janik VILLAGE CLARK Per the Board's direction, Staff has provided additional information on the proposal from School District 308 regarding the Capital Development Impact Fee. Some of the legal issues have been clarified with a recent court decision of the Second Appellate Court. In Thompson v. The Village of Newark, the court ruled that anon-home rule community cannot implement an impact fee by ordinance for property already annexed to a Village for the construction of school buildings and other facilities. The municipality may impose a Site Contribution Ordinance (commonly known as a Land/Cash Donation Ordinance) for the acquisition of land and related infrastructure such as roadway improvements adjacent to a school site. The Village currently follows aLand/Cash Donation Ordinance System. The ruling does not affect the Village's ability to impose the Capital Development Impact Fee for land that the Village will annex. An annexation agreement is essentially a contract between the Village and the Developer, and both parties to the contract are free to negotiate any terms that are agreeable. If unable to come to terms, both parties retain the option to walk away from the "contract." Since the overwhelming majority of District 308's territory will come to the Village by an annexation agreement as the applicable properties develop, the Village is free to incorporate the Capital Development Impact Fee into any annexation agreement. I have also enclosed a description of the methodology of the Capital Development Impact Fee from Mr. Raper Dahlstrom, as well as Mr. Dahlstrom's introduction to the Study tables. Mr: Dahlstrom performed„the study for Schaal District 308. Staff has reviewed the methodology applied by Mr. Dahlstrom,sand finds the'methodology to be reasonable Additionally, staff concurs with the general principles to which IVIr. Dahlstrom alludes in his introduction. I have also enclosed the schedule of fees applicable to afour-bedroom detached single family residence. The first column is the market value of the home, the second column is .'the Capital Development Impact Fee for each price paint on the table, and the third column (Total Fees) is-the Capital Development Impact Fee and the School-.Land/Cash Donation applicable to the property, or the total fees payable to the School District. Nate that if the Develaper donated a school site to Distz7ct 30$ instead of paying: cash, only the Capital Development Impact Fee would apply. In this instance, the Developer satisfies the required School Site Donation by donating the land for District 308 to construct the 530 W. Lockpon Street Suite 206 Plainfield, 1L G0544 Phone (815) 436-7093 Fax (815) 436x1950 Web www.plainfield-il.org ~ ~ f school. The "Total Fees" Column would then be equal to the amount of the Capital Development Impact Fee. Similar fee tables exist for varying housing stock such as detached single family two, three, four, and five bedroom dwellings, attached single family one, two, three, and four bedroom dwellings, and multiple family zero, one, two anal three bedroom dwellings. Also included is a copy of the Resolution that Oswega passed to approve the Capital Development Impact Fees for the Village of Oswego's developments in School District 308. Section 1 of the Resalution addresses that the schedule of fees shall apply "...to all residential developments which become subject to an annexation agreement..." Staff recommends similar language be incorporated into any resolution considered by the Board. As mentioned previously, several policy questions remain unanswered with respect to the implementation of such a fee: 1. Does the Village institute a similar policy for District 202 to create equality between the School Districts? 2. Will other communities within the Oswego School District 308 also implement this fee schedule? Is the Village of Plainfield at a disadvantage if the Village implements the Capital Development Impact Fee and other communities da not? 3. Does the implementation of such. a fee structure serve to depress the construction of "affordable" housing or increase the incentive to build attached single family homes? 4. Does the administration of such a fee structure impose additional burdens on the staff? S. Can the same results be achieved by allowing the School District to negotiate its own fees as annexations occur, and requiring the District to "sign ofl" that they agree to a particular proposal from a developer (at least as related to school district impacts)? 6. What kinds of problems result if the Village ultimately wants a development that the District is unable to come to terms with?