(a) There shall be no requirement for a subdivider to provide parks or other open space except as required or specified in applicable Zoning Code regulations.
(b) When the Village desires land within the subdivision for such use, then the governmental agency, within the time designated in the notice provided for in Section 1119.05(a), shall notify the subdivider through the Planning Commission.
(c) The Village shall specify the quantity, description, location and use (passive or active) of the land so desired and designate the public entity that will be responsible for the development and maintenance of the use and expense thereof.
(d) If the Village specifies its desire to use certain property as a park or other open space, as set forth in subsection (c) hereof, then the Planning Commission shall forthwith assist with negotiations for the same between the subdivider and the Village, and the land shall become available to the Village by one of the following methods:
(1) Statutory dedication to the Village to accept the same and to maintain and develop the land without compensation to the subdivider.
(2) Statutory dedication to the Village to accept the same and to maintain and develop the land with reasonable compensation to the subdivider.
(3) Reservation, by appropriate legal instrument, for the acquisition of a defined area by the Village to accept, develop and maintain the same for the specific use 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 legal title to the subdivider or his or her 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.
(4) Any other method arrived at by mutual agreement, including the reservation or granting 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.
(e) 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 (see Section 1121.07).
(f) Failure of the Planning Commission to notify any governmental agency as provided in subsection (b)hereof shall not create any rights in such agency, 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.
(g) 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.)