A. General Green Space Requirements:
1. Proposed subdivisions shall contain active and passive green space as provided in subsections B and C of this section. Such green space shall be owned ( either in fee simple or by perpetual easement), supervised, managed and maintained by the developer, subdivision property owners or homeowners' association. The green space shall consist of active and passive green spaces. Active green spaces uses include park, play, and recreation space, etc. Passive green space uses include habitat, open lawn, seating areas, etc. Required green spaces will not be used for storm water detention but can be used for ponds, lakes or natural wetlands that are part of the stormwater management system. Green space must be accessible to all lots via rights-of-way or easements to preclude access across private land. Creative use of green space will be encouraged.
2. The subdivision's covenants and restrictions shall include language stating that the property owners' failure to maintain the green space gives the village the authority to maintain the green space and impose a lien on each lot in the subdivision for its share of the maintenance costs. The developer shall have the duty to maintain the green space until such a time as seventy percent (70%) of the lots have been sold or individual property owners control the association. However, the developer shall be responsible for construction details and construction quality of green space areas for a two (2) year period as provided in section 11-4-1 of this title.
3. As part of the developer's site plan approval responsibilities, the developer shall be responsible for the designing and implementing the active and passive green space improvements including, but not limited to, finished grading, planting/ground cover, and watering for establishment for all green spaces within their development.
4. In a phased subdivision the developer must provide the required green space for the subdivision in proportional amounts for each phase of the development. The amount of green space exceeding the requirements in a completed phase may be applied toward any future phase of the subdivision.
B. Minimum Green Space Requirements: The amount of green space to be contained and/or fees to be required in subdivisions shall be as follows:
1. Single-family residential district (RS-10): See subsection C.1. of this section.
2. Two-family residential districts (RT) and multi-family (RM) districts: Twenty percent (20%) of the total area of the subdivision, which shall consist of eight percent (8%) of the total area as passive green space and twelve percent ( 12%) of the total area as active green space.
3. All other districts: Four percent (4%) of the total area of the subdivision, which shall consist of passive green space all of which shall be provided within the subdivision.
C. Compliance With Green Space Requirements and Fees: In providing the required area of green space within the subdivision, the required amount of green space must be provided within the boundaries of the proposed subdivision:
1. The owner/developer shall pay to the Village for allocation of Park Improvements Fund the following sums:
a. Single-family residence district (RS-10): in the amount as shown on the Schedule of Fees found in Section 1-16-1 of the Village Code.
b. Residential multi-family (RM) and residential two-family (RT): in the amount as shown on the Schedule of Fees found in Section 1-16-1 of the Village Code.
c. Planned development residential (PDP): in the amount as shown on the Schedule of Fees found in Section 1-16-1 of the Village Code.
2. The green space fees are to be paid as follows: Due upon approval of Final Plat. No development may begin until all fees are paid in full.
D. Protection Of Green Space: Green space shall be protected from development through platting, deed restrictions or restrictive covenants which will ensure its perpetual use as green space as defined in this title and which further provides that no changes in use may be made without the express written consent of the village.
1. All funds collected under this provision shall be placed in the park improvement fund. The monies of which shall be used solely for acquisition of property for parks and/or capital improvements of existing parks as authorized and allocated by the village board of trustees.
E. Parks:
1. Reservation Of Land Required: The planning and zoning commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated by the comprehensive plan or official map. The area shall be shown and marked on the plat, "Reserved For Park And/Or Recreation Purposes".
2. Recommendation And Approval Of Park Sites: The planning and zoning commission shall refer any subdivision proposed to contain a dedicated park to the board of trustees for a recommendation. All land to be reserved for dedication to the Village for park purposes shall have prior approval of the Board of Trustees and shall be shown marked on the plat, "Reserved For Park And/Or Recreation Purposes".
3. Other Green Space: The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from providing other land for green space purposes in addition to the requirements of this section.
F. Green Area Buffers Along Bike Paths:
1. Every residential subdivision platted after the effective date hereof and which abuts or straddles an existing or proposed bike path, as indicated in the Bike Trail Plan section of the Transportation Element of the Village Comprehensive Plan, shall provide an appropriate permanent green area buffer along such existing or proposed bike path. All said green area buffers shall be included on the respective subdivision plats and appropriately integrated into the restrictive covenants for the subdivision.
2. Every residential subdivision lot for which a building is proposed or potentially allowed shall be separated from every existing and proposed bike path right-of-way by a green area buffer with a minimum width of twenty five feet (25'). The design and layout of the green area buffer shall provide for the maximum possible physical segregation and screening between the adjacent subdivision lots and the existing or proposed bike path right-of- way.
3. The green area buffer will be set aside as common grounds of the subdivision. Such green area buffers may be applied to the green space requirements. The developer may request that the green area buffer be dedicated to the Village.
4. The green area buffers shall not be developed or improved, except as authorized by this subsection. To the extent feasible, these green area buffers shall remain in their natural state, retaining the existing topography with its trees and vegetation. Where there is little no existing vegetation, the developer will provide a landscape plan for the planting of the green area buffers with other proposed plants and trees to provide proper soil stabilization and proper screening of adjacent residential lots. Where the green area buffers are dedicated as subdivision common ground green space, appropriate subdivision restrictive covenants shall be established to ensure that no subsequent improvements are made and the natural setting of the land is retained after the subdivision is platted.
5. An exception to the improvement restrictions of green area buffers in subsection F4 of this section may be made for the proper provision of Village water and sewer facilities. Where necessary or desirable, as determined by the Public Works Director or designee, water and sewer facilities may be placed through the green area buffers. All subdivision plats shall provide a Village utility easement for placement and maintenance of water and sewer improvements throughout the green area buffers. Contact Public works to determine the appropriate size of the utility easement.
6. In the design of the subdivision plat and the establishment of green area buffers, the developer is encouraged to optimize the existing natural features of the site and incorporate creative and unique design criteria to mitigate the green area buffer requirements.
7. If the dedication of green area buffers would cause great practical difficulties or undue hardship, the developer may apply for relief by formally requesting a variance to such requirements as provided in section 11-1-11 of this title.
G. Bike Path Accessways:
1. Every residential subdivision platted after the effective date hereof which abuts or straddles an existing or proposed bike path, as indicated in the Bike Trail Plan section of the Transportation Element of the Village Comprehensive Plan, shall provide appropriate permanent bike path accessways to connect its subdivision streets to existing or proposed bike paths. All such bike path accessways shall be dedicated to the Village and included on the respective subdivision plats.
2. Every platted residential subdivision which abuts or straddles an existing or proposed bike path shall provide one or more bike path accessways for the connection of such bike paths to the residential streets within the subdivision. The layout and number of such bike path accessways shall be designed to provide all residents of a given subdivision access to the bike trail via the internal street network of the subdivision.
3. Each bike path accessway shall consist of a minimum right-of- way width of thirty feet (30'), extending from the existing or proposed bike path to one or more residential streets within the subdivision. The respective bike path accessways shall be dedicated to the Village.
4. Each bike path accessway shall be laid out to intersect as nearly as possible at right angles with the connecting subdivision street and the main bike path adjacent to the subdivision. Said subdivision street connection with the bike path accessway shall not be placed within one hundred feet (100') of an intersection of two (2) streets. Any bike path accessway intersecting at a street subdivision cul-de-sac shall have a centerline radial from the center of the cul-de-sac. Adequate sightlines shall be provided at all bike path accessway intersections.
5. The grades of bike path accessways shall conform as closely as possible to the natural topography, and in no case shall the pavement structure exceed a maximum grade of ten percent (10%) or exceed any State or Federal requirements. Pavement grades shall be limited to a maximum of three percent (3%) within ten feet (10') of any bike path access way intersection. Cross slopes of bike path accessway pavements shall be designed with a two percent (2%) slope to provide proper drainage and biking surfaces. The bike path will have earth shoulders extending from the edge of the pavement and sloped for proper drainage and soil stabilization, but shall not exceed a three to one (3:1) slope. The developer shall plant these earth shoulders in perennial turf grass to ensure proper control of soil erosion and sedimentation runoff.
6. Bike path accessways shall be improved by the developer with a ten foot (10') wide bike path surface as specified for alleys and access easements in subsection l l-5-3B6b of this chapter. These standards along with other applicable requirements of this title shall also apply to bike path accessway improvements. The developer shall also pay for all required bike path accessway signage required based on Village specifications in title 7, chapter 3 of this Code, as same now exists or is hereafter modified or amended.
7. In the establishment of bike path accessways, the developer is encouraged to utilize creative and unique design criteria when integrating bike path accessway requirements into the overall layout of the respective subdivision plats.
8. If the dedication of bike path accessways would cause great practical difficulties or undue hardship, the developer may apply for relief by formally requesting a variance to such requirements as provided in section 11-1-11 of this title.
H. Other Public Uses:
1. Plat To Provide For Public Uses: Except when an applicant utilizes planned development procedures in which land is set aside by the developer as required by the provision of the zoning ordinance, whenever a tract to be subdivided includes recreation uses, or other public use as indicated in any portion of the comprehensive plan or official map, the space shall be suitably incorporated by the applicant into its preliminary plat. After proper determination of its necessity by the Board of Trustees and the appropriate official of any other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
2. Referral To Public Body: The Planning and Zoning Commission shall recommend the preliminary plat to the Board of Trustees for its consideration and approval. The Board of Trustees may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for 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.
3. Notice To Property Owner: Upon receipt of an affirmative report, the Board of Trustees shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
4. Duration Of Land Reservation: The acquisition ofland reserved by a public agency on the final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a preliminary plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations. (Ord. 2015-18, 4-28-2015; amd. Ord. 2018-07, 4-24-2018; Ord. 2020-41, 11-24-2020; Ord. 2021-23, 7-27-2021; Ord. 2023-32, 11-14-2023)