A. Unless the Village Board of Trustees determines that exigent circumstances justify otherwise, every existing or future residential subdivision common ground or green space area shall continue to exist on a perpetual basis. This is to ensure the preservation of present and future subdivision common ground or green space, or land devoted to subdivision recreational activities, park-like area, buffers or other open space in the respective subdivisions.
B. Existing and future subdivision common grounds and green space areas shall not be allowed to be split, subdivided or replatted. No portion or whole of any subdivision common ground shall be allowed to be combined with or transferred into any other tract of land, platted area, or lot. Each subdivision common ground and green space area will continue to exist, on an ongoing basis, as a separate legal entity as it was originally platted in the establishment of the subdivision.
C. No residential structures or commercial buildings shall be permitted to be constructed on any subdivision common ground or green space area. Applicable subdivision restrictive covenants for the common grounds and green space areas will apply and govern the ongoing management and maintenance of the subdivision common grounds and green space areas.
D. It is envisioned that the subdivision common grounds will be established and maintained under the ongoing ownership of an entity of the respective subdivisions. If, however, the ownership of a subdivision common ground area is transferred to another third party through a forced sale such as delinquent taxes, other court ordered action, or any other type of land transfer, the restrictions of this section along with other applicable sections of this title will continue to apply. (Ord. 2015-18, 4-28-2015; amd. Ord. 2023-32, 11-14-2023)