§ 154.044 RESERVATION OF PUBLIC SPACES AND SITES.
   (A)   Preliminary plat to accommodate planned public spaces. Whenever a tract to be subdivided includes a proposed street, highway or parkway or proposed site for a playground, school or other public use as indicated in village’s comprehensive land use plan, such space shall be suitably incorporated by the developer into his or her subdivision plat after proper determination of its necessity by the Planning Commission and/or other public agency involved in the acquisition and use of each such site.
   (B)   Requirements for floodplain areas. The Village Board of Trustees may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit subdivision of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps.
   (C)   Acquisition of land for public use. The Planning Commission shall consider all preliminary plats and adopted or proposed studies related thereto, to determine the need for acquisition for public use of any of the land included in the preliminary plat. Land may be acquired for: public school site parks; playgrounds or other public recreation areas; or other public purposes available for acquisition as provided by law.
      (1)   Referral to public body. The Planning Commission shall refer the plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days to reply. The agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
      (2)   Notice to property owner. Upon receipt of an affirmative report, the Planning Commission shall notify the property owner and shall designate on preliminary and final plats that area proposed to be acquired and an estimate of the time required to complete the acquisition.
      (3)   Duration of land reservation.
         (a)   The acquisition of land reserved by a public agency on the preliminary or final plat shall be initiated within 12 months of notification, in writing, from the owner that he or she intends to develop the land. Such letter of intent shall be accompanied by a sketch plan of the proposed development and a tentative schedule of construction.
         (b)   Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development.
(Prior Code, § 8-3-5) (Ord. 2015-16, passed 8-3-2015)