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County Development Impact Fees Waived

School development impact fees are waived for a one-year period.

Post Date:09/19/2018 12:06 PM

Background  

In keeping with the state statute, the County has adopted rules for providing school land or funding for school land and facilities in the Unified Development Ordinance (Section 15.6 -School Land Donations or Cash Contributions in Lieu of Donation).

Cash contributions currently range from a low of $8.78 for a one-bedroom apartment to $385.22 for a 2-bedroom attached unit, to a high of $2,582.78 for a four-bedroom single-family detached house, based on the number of students anticipated to be generated. The ordinance provides that land donations are due at the time of final plat approval and that cash contributions are due at the time of building permit issuance. 

State statute requires that developer donations for schools must be expended on purchasing land or on site improvements, which include school buildings or other infrastructure. The donations cannot be expended for schools operation or maintenance activities. Since the housing market declined beginning around 2008, many school district stopped experiencing rapid increases in enrolment and some school districts have experienced declining enrollments. The lack of increase in students reduces the need for new school land donations or the collection of fees for construction projects.  Because of the decline in market values, the so-called impact fees were significantly reduced by the County Board in March of 2013 to reflect that decline, and the fees were subsequently reduced since then through fair market value adjustments.

Action Taken by the County Board  

Such fees, as described above, have been now been waived for a period of one year — through 2019 August 20th.  The text of the Board's Resolution follows below.

WHEREAS, McHenry County has exercised its authority to require school land donations or the payment of fees in lieu of land donations through the Unified Development Ordinance, Article Article 15 (Site Development Standards) Section 15.6 (School Land Donations or Cash Contributions in Lieu of Donation); and
WHEREAS, state statute requires that donations for schools must be expended on purchasing land or on site improvements, which include school buildings or other infrastructure; and

WHEREAS, since the housing market declined beginning around 2008, many school district stopped experiencing rapid increases in enrolment and some school districts have experienced declining enrollments which has reduced the need for additional school land and new school facility and infrastructure construction; and

WHEREAS, the McHenry County Board Planning, Environment, and Development Committee has recommended that the County Board suspend enforcement of Unified Development Ordinance Article 15 (Site Development Standards) Section 15.6 (School Land Donations or Cash Contributions in Lieu of Donation) for a period of one year during which time the County will consider amending the ordinance to eliminate or otherwise modify this section.

NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois, that it hereby directs the Department of Planning and Development to suspend enforcement of Unified Development Ordinance Article 15 (Site Development Standards) Section 15.6 (School Land Donations or Cash Contributions in Lieu of Donation) for a period of one year from the date of adoption of this resolution or until Unified Development Ordinance Article 15 (Site Development Standards) Section 15.6 (School Land Donations or Cash Contributions in Lieu of Donation) is amended or eliminated, whichever occurs first; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the Director of Planning and Development, the Regional Superintendent of Schools, and the County Administrator.



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