§ 153.009  DEDICATION AND RESERVATION OF LANDS.
   (A) Streets, highways, and drainageways. Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drainageway, or other public way which has been designated in the Comprehensive Plan, area plan component, or on the Official Map of the village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in §§ 153.073 or by the Official Map, the excess right-of-way shall be reserved for future acquisition by the village.
   (B)   (1)   Public sites and open spaces. In the design of the plat or planned development, due consideration shall be given to the reservation of suitable sites of adequate area for future parks, playgrounds, drainageways, and other village purposes. If designated on the Comprehensive Plan, plan component, or Official Map, such areas shall be made a part of the plat or planned development. Accordingly, each subdivider or developer of residential land in the village shall, at the discretion and direction of the Plan Commission, either reserve public sites and open-space lands designated on the village’s Comprehensive Plan or plan component or, where no public sites or open-space lands are directly involved, pay a public site fee. The Plan Commission shall, at the time of reviewing the preliminary plat, planned development, or certified survey map, select one of the following options and record such selection in the minutes of the meeting at which the preliminary plat, planned development, or certified survey map is presented for approval.
      (2)   Reservation of site option. Whenever a proposed park, playground, drainageway, or other land designated for village purposes on the village’s Comprehensive Plan or plan component or Office Map is encompassed, all or in part, within a tract of land to be subdivided or developed, the proposed public lands shall be made a part of the plat or development and reserved at the time of final plat approval or site plan approval for a period not to exceed three years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the village and the subdivider or developer shall pay a public site fee at the time of application for final plat or site plan approval at the rate and according to the procedures set forth in division (B)(2) below. If the land is not acquired within the three-year period or the time extended by mutual agreement as set forth herein, the land will be released by the village from reservation to the owner.
(Prior Code, § 18.02)