(a) Public building sites.
(1) At the preliminary plan stage, the Planning Commission shall notify governmental and public agencies that a subdivision is being proposed. The Planning Commission shall designate a period of 21 days within which these agencies shall determine if land within the subdivision is required for their use as a public building site and to so advise the Planning Commission in writing of the proposed use and the area required. If, within the designated time, the requirement is deemed to exist, the subdivider shall be notified during the preliminary plan stage.
(2) If there is no response from an agency within the designated time, then the preliminary plan stage shall continue without further consideration of the sites.
(3) If an agency responds with a need for land within the designated time, then the Planning Commission shall forthwith assist with negotiations for the land between the subdivider and the agency in this regard and the sites shall be available to the requesting entity by one of the following methods.
A. Statutory dedication without compensation to the subdivider.
B. Statutory dedication with reasonable compensation to the subdivider.
C. Appropriation by the Village or public agency.
D. Reservation by appropriate legal instrument for acquisition of a period of one year after the approval of the preliminary plan. The reservation shall provide for the specific release of the land from these requirements reverting full legal title to the subdivider, or his successors or assigns, if the agency has not obtained a contract to acquire the land or has not filed appropriate proceedings within the one year limitation.
E. Any other method arrived at by mutual agreement.
(4) Failure of the Planning Commission to notify an agency under subsection (a)(1) hereof shall not create any rights in the body, shall have the same effect as making no response after being notified, and shall not make defective the subsequent subdivision proceedings hereunder.
(b) Open Space and Parks.
(1) There shall be no requirement of a subdivider to provide parks or other open space except as required or specified in applicable zoning regulations.
(2) When the Village desires land within the subdivision for open space or park use, then the governmental agency within the time designated in the notice under subsection (a)(1) hereof shall notify the subdivider through the Planning Commission. The Village shall specify the quantity, description, location, and use (passive or active) of the land so desired and shall designate the public entity that would be responsible for the development and maintenance of the use and the expense thereof. If the Village specifies its desire, then the Planning Commission shall forthwith assist with negotiations for the land between the subdivider and the Village. The land shall be available by one of the following methods.
A. Statutory dedication without compensation to the subdivider to the Village to accept the land and to maintain and develop the land.
B. Statutory dedication with reasonable compensation to the subdivider to the Village to accept the land and to maintain and develop the land.
C. Reservation by appropriate legal instrument for acquisition of a defined area by the Village to accept, develop, and maintain the land for the specific use for a period of one year after the approval of the preliminary plan. This reservation shall provide for the specific release of the land from these requirements reverting legal title to the subdivider, or his successors or assigns if the Village has not obtained a contract to acquire the land or has not filed appropriation proceedings within the one-year limitation.
D. Any other method arrived at by mutual agreement, including the reservation or grant of land by private deed or covenants for the use of the property owners within the proposed subdivision with provision being made for the development and maintenance thereof.
(3) The Village may encourage open space subdivisions wherein private property owners through the use of a homeowner's association will conserve and maintain open space and recreation areas for the private use of property owners within the subdivision.
(4) Failure of the Planning Commission to notify a governmental agency under subsection (b)(2) hereof shall not create any rights in the agency and shall have the same effect as making no response after being notified. It shall not make defective the subsequent subdivision proceedings hereunder.
(5) Any reservation of property for a period of one year referred to in subsection (b)(2)C. hereof shall be null and void if the subdivision plat of which it is a part does not receive final approval or is withdrawn before final approval by the subdivider. It is the intent herein not to create a burden on the land if it is not to be subdivided. Any legal instrument creating such a reservation shall so state.
(Ord. 81-56. Passed 12-28-81.)