(A) General Green Space Requirements.
(1) Proposed subdivisions shall contain active and passive green space. Such green space shall be owned (either in fee simple or by perpetual easement), supervised, managed, and maintained by the developer, subdivision property owner(s) or homeowner’s association. The green space shall consist of active and passive green space, whether developed for recreational uses or not, but shall not include water retention, water detention, or other storm water management areas; however, ponds, lakes or natural wetlands that are part of the storm water management system shall be considered as green space. Green space must be accessible to all lots via rights-of-way or easements to preclude having to cross private land. Creative uses of green space will be encouraged.
(2) The subdivision’s covenants and restrictions shall include language to the effect that, if the property owner(s) fail to maintain the green space, the Village has 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 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.
(3) As part of developer’s site plan approval responsibilities, developers shall be responsible for the improvements to the development for active and passive green space purposes including, but not limited to finished grade and ground cover 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 in subdivisions shall be as follows:
(1) Single Family Residential Districts (SR-1, SR-2).
Ten percent (10%) of the total area of the subdivision, which shall consist of four percent (4%) of the total area as passive green space and six percent (6%) of the total area as active green space.
(2) Multiple Family Dwelling District (MR-1, MR-2).
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 or active green space all of which shall be provided within the subdivision.
(C) Compliance with Green Space Requirements.
In providing for the required areas of green space within the subdivision, the required amount of passive green space must be provided within the boundaries of the proposed subdivision. The required amount of active green space may be provided in the following ways:
(1) Construction/reserve of the active/passive green space within the development;
(2) A cash contribution in lieu of constructing/reserving active/passive green space may be made by the developer to the Park Improvement Fund. The amount to be paid to the fund shall be determined pursuant to a formula established by the Village, which formula multiplies the acreage amount of green space required in the subdivision or development multiplied by Twenty Thousand Dollars ($20,000.00) per acre; (Ord. No. 18-01; 01-09-18; Ord. No. 23-005; 3-13-23)
(3) A combination of subparagraph (1) and (2) above as approved by the Board of Trustees; or
(4) By separate written agreement between the Village and the owner/developer in which the owner/developer agrees to pay the Park Improvement Fund the sum of Seven Hundred Fifty Dollars ($750.00) per lot to be developed in a SR-1 or SR-2 District or Five Hundred Dollars ($500.00) per dwelling unit in a MR-1 or MR-2 District. However, if at least three percent (3%) of the required active green space in a SR-1 or SR-2 District is provided in the subdivision, the payment of the sum of Three Hundred Dollars ($300.00) per lot shall be paid; or if at least six percent (6%) of the required active green space in a MR-1 or MR-2 District is provided in the subdivision, the sum of One Hundred Fifty Dollars ($150.00) per dwelling unit shall be paid. One-half (½) of said amounts shall be paid at the time of approval of the final plat of the subdivision. The remaining amount due shall be paid within one (1) year of the date of the approval of the final plat. If either payment is not made the Village shall have the right to proceed against the acceptable form of assurance of compliance referred to in Section 34-4-24
of this Code.
(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 a green space as defined in the Code and which further provided that no changes in use may be made without the express written consent of the Village.
(E) Creation of the Park Improvement Fund.
There is hereby established a new fund to be known as the Park Improvement Fund. The monies of this Fund shall be used solely for acquisition of new ground for parks and/or capital improvement of existing parks as authorized and allocated by the Board of Trustees.
(Ord. No. 23-005; 3-13-23)