(A) (1) All proposed subdivisions shall contain green space. The green space shall be owned (either in fee simple or by perpetual easement), supervised, managed and maintained by the developer, subdivision property owners or owner’s association. The green space shall consist of passive use green space, whether developed for recreational uses or not, but shall not include water retention, water detention or other manmade 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 persons having to cross private property. Creative uses of green space is encouraged.
(2) All subdivision covenants and restrictions shall include language requiring that if the property owners or developer 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 the maintenance costs incurred by the village in performing the maintenance work. The developer shall have the duty to maintain the green space until such time as 70% of the lots have been sold or individual property owners control the subdivision association. The developer, however, shall be responsible for construction details and construction quality of green space areas for a three-year period as provided in § 154.088.
(3) As part of a developer’s site plan approval responsibility, the developer shall be responsible for the improvements to the development for passive use green space purposes including, but not limited to finished grading and ground cover for all green spaces within the subdivision development.
(4) In a phased subdivision, the developer must provide the required green space for the subdivision in proportional amounts for each phase of development. The amount of green space exceeding the requirements in a completed phase may be applied toward any future phase of the subdivision.
(B) The amount of green space required in a subdivision is as follows:
(1) Single-family residence district (SR-1): 10% of the total area of the subdivision shall be green space.
(2) Single-family residence district (SR-2): 20% of the total area of the subdivision shall be green space.
(3) Two- and three-family residence district (MR-1) and multi-family residence district (MR-2): 20% of the total area of the subdivision shall be green space.
(C) (1) In addition to providing the required areas of green space within the subdivision, the owner/developer shall pay to the village for allocation to a park improvement fund the following sum:
(a) Single-family residence district (SR-1): $750 per lot.
(b) Single-family Residence district (SR-2): $500 per lot.
(c) Two- and three-family residence district (MR-1) and multi-family residence district (MR-2): $750 per dwelling unit.
(d) Planned development residential (PDR): $750 per dwelling unit.
(2) The green space contribution shall be paid at the time the building permit fees are paid and the building permit is obtained from the village.
(D) 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 herein, and which further provides that no changes in use may be made without the express written consent of the Board of Trustees.
(Ord. 2002-11, passed 4-3-02; Am. Ord. 2006-27, passed 9-6-06; Am. Ord. 2013-04, passed 2-20-13)