(a) At the preliminary plan stage, the Planning Commission shall notify governmental and other public agencies that a subdivision is being proposed. The Planning Commission shall designate a period of twenty-one days for such agencies to 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, such required use is deemed to exist, the subdivider shall be notified during the preliminary plan stage.
(b) If there is no response from any agency within the designated time, then the preliminary plan stage shall continue without further consideration of such sites.
(c) If an agency responds with a need for land within the designated time, then the Planning Commission shall forthwith assist with negotiations for the samebetween the subdivider and the agency in this regard, and the sites shall become available to the requesting agency by one of the following methods: '
(1) Statutory dedication without compensation to the subdivider.
(2) Statutory dedication with reasonable compensation to the subdivider.
(3) Appropriation by the Village or a public agency.
(4) Reservation, by appropriate legal instrument, for the acquisition of a defined area for a period of one year after the approval of the preliminary plan. Such reservation shall provide for the specific release of the land from these requirements, reverting full legal title to the subdivider or his or her 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.
(5) Any other method arrived at by mutual agreement.
(d) Failure of the Planning Commission to notify an agency under subsection (a) hereof shall not create any rights in such body, shall have the same effect as if such agency made no response after being notified and shall not make defective the subsequent subdivision proceedings provided in these Regulations.
(e) Any reservation of property for a period of one year, as referred to above, shall be null and void if the subdivision plat of which such property is a part does not receive final approval or is withdrawn by the subdivider before final approval. 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 this intent.
(Ord. 1222. Passed 12-16-91.)