Title
Resolution authorizing the Planning, Building and Development Director to sign annual agreements with affected school districts indemnifying the County for its confirmation of timely school impact fee payment to such districts.
Staff Summary
· Article 11 of the Unified Development Ordinance provides standards for the dedication of land or, in lieu of land, a cash contribution to schools within unincorporated Lake County when the Regional Superintendent of Schools determines there is a projected need for school lands to accommodate additional student population generated from approved subdivisions.
· For the majority of unincorporated subdivisions requiring the payment of school contributions, developers opt out of the County's Unified Development Ordinance-based formula and instead enter into private agreements for school contributions with the affected school districts.
· Cash contributions to the school district can either be collected by the school district prior to final plat approval, or they can be delayed until a lot is developed after the final plat is approved and recorded.
· For Private Agreement-Based School Contributions, the County will assist a school district in assuring cash contributions are paid, provided the school district agrees to indemnify the County from all liability for enforcing the collection of the impact fee. The indemnification agreement is a form agreement, set forth in Appendix P of the UDO, signed by both the County and the school district and is renewed annually for those school districts that wish to participate in the indemnification process. As Article 11 provides a form agreement, signing of such on behalf of the County is essentially a ministerial process.
· This action would authorize the Planning, Building and Development Director to carry out this routine, ministerial action.
Body
WHEREAS, the Lake County Board adopted the Unified Development Ordinance on April 11, 2000, containing Article 2 - Review and Decision-Making Bodies, Article 10 - Subdivisions, and Article 11 - School and Park Contributions; and
WHEREAS, Article 10 authorizes the Planning, Building and Zoning Committee of the County Board to act on subdivision applications, and to require the developer enter into a school contribution in the form of a land contribution, or in lieu of land, a cash contribution to school districts impacted by a new subdivision when the Regional Superintendent of Schools determines a school district is entitled to a contribution based on an analysis of existing and projected need for school lands; and
WHEREAS, Article 11 contains standards for the calculation of land and cash contributions and permits the amount of the contribution to be determined by the procedures of Article 11.1.3, defined as an Ordinance-based Contribution, or by the school district entering into a private agreement with the developer, defined as a Private Agreement-Based School Contribution; and
WHEREAS, Article 10 requires contributions to school districts affected by a subdivision be collected prior to approval of the Final Plat by the Planning, Building and Zoning Committee or, if agreed to by the school district and the developer, the contributions may be delayed until a lot is developed after the Final Plat is approved and recorded; and
WHEREAS, when a district and a developer have entered into a Private Agreement-Based School Contribution, Article 11 authorizes the County to assist school districts in assuring cash contributions are paid by withholding a building permit for a new home; however, the County will only exercise such authority if the school district agrees to indemnify the County for any and all liability arising from the withholding of building permits and has entered into an annual indemnification agreement with the County; and
WHEREAS, Appendix P - School Contribution Documents - of the Unified Development Ordinance provides an approved form indemnification agreement; and
WHEREAS the County Board intends to increase the efficiency in executing indemnification agreements and authorize the Planning, Building and Development Director to sign routine indemnification agreements.
NOW, THEREFORE, BE IT RESOLVED the County Board gives authority to the Planning, Building and Development Director to review and sign indemnification agreements that are consistent with the form contained in Appendix P of the Unified Development Ordinance.
BE IT FURTHER RESOLVED that the Clerk of the County Board shall keep a record of this action.
DATED AT WAUKEGAN, Lake County, Illinois this 14th day of October, 2014.