A. Plan For Public Land: Whenever a tract to be subdivided includes a proposed street, highway or parkway, or proposed site for a park, playground, school or other public use as indicated in the comprehensive plan map of the village, such space shall be suitably incorporated by the developer into his subdivision plat after proper determination of its necessity by the plan commission/board of appeals and the appropriate village office or other public agency involved in the acquisition and use of each such site. (Ord. 99-O-791, 6-7-1999; amd. Ord. 05-O-942, 11-7-2005)
B. Adequate Open Space Required:
1. Floodplain Areas: See title 5, chapter 11, and title 7, chapter 6, of this code.
2. Park And Playground Sites: Unless appropriate provision for dedication or donation of park or playground sites has been made by the village board in a previous action, any required park or playgrounds shall be acquired by the appropriate village, county or state agency.
C. Acquisition Of Land For Public Use: The acquisition of land which is identified on the preliminary plan and which is to be served by a public agency shall be initiated within twelve (12) months of the village board approval of the preliminary plan. 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 private development. (Ord. 99-O-791, 6-7-1999)
1. Referral To Public Body: The plan commission/board of appeals shall refer that plat to the public body concerned with acquisition for its consideration and report. The plan commission/board of appeals 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.
2. Notice To Property Owner: Upon receipt of an affirmative report from an acquiring agency, the plan commission/board of appeals shall notify the property owner and shall designate on the preliminary plan that area proposed to be acquired by the public body. (Ord. 99-O-791, 6-7-1999; amd. Ord. 05-O-942, 11-7-2005)
3. Duration Of Land Reservation: The acquisition of land reserved by a public agency on the preliminary plan shall be initiated within twelve (12) months of notification, in writing, from the owner that he intends to develop the land. The twelve (12) month period shall commence from the date of approval of the preliminary plan or the written notification, whichever is later. 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 for private development. (Ord. 99-O-791, 6-7-1999)
4. Valuation Of Land: The value of such land shall be established by three (3) qualified appraisers, one of whom shall be appointed by the plan commission/board of appeals, one by the subdivider and one of whom shall be mutually agreed upon by the other two (2). Should the village board decide to acquire such premises, then and in that case, it shall make arrangements to pay the subdivider thereof the appraised value or a sum that is mutually agreed upon. The village board may accept any donation of land as above described, should the subdivider desire to contribute the same to the village. (Ord. 99-O-791, 6-7-1999; amd. Ord. 05-O-942, 11-7-2005)