Due consideration shall be given to the allocation of areas suitably located and of adequate size for parks and open spaces for local or neighborhood use, as well as public service areas.
(A) Parks and open space.
(1) The Commission may specify to the extent required, the allocation of play fields, parks, and other open spaces that may be essential to maintaining proper development of areas of the village proposed for subdivision. Due regard shall be shown for the preservation of outstanding natural, cultural, and aesthetic features of the area as determined by the Planning Commission.
(2) In residential developments of ten acres or more, the Commission shall evaluate the proposed site location to determine which of the following options is most appropriate with regard to the needs of the village.
(a) Dedicate land, provide and install improvements to a minimum of 5% of the gross area of the subdivision as park land and/or open space. The scope of such improvements shall be as required by the village’s park and recreation authority and subject to the review and approval of Planning Commission. Improvements shall include, but not be limited to, landscaping, baseball fields, basketball courts, tennis courts, equipped playground areas, and similar improvements for park or open space activities; or
(b) 1. Deposit in an escrow account, in favor of the village, a fee equivalent to the fair market value of 5% of the gross land area of the proposed subdivision in its raw, unimproved, pre- developed state, plus $25 per recorded lot as shown on the final plat. Upon recording of the final plat, such escrow deposit shall be forwarded to Village Council with the stipulation that it be allocated for the acquisition and/or improvement of park land, recreational land, or open space, and may be expended by and at the discretion of Village Council for the same.
2. Fair market value shall be determined as follows.
a. A fair market value shall be determined by the Planning Commission based upon current appraisals of the County Auditor or a qualified real estate appraiser of the Planning Commission’s choice, and/or the most recent land sale transaction occurring immediately prior to the recording of any phase of the development or the subdivision in its entirety. In the event of phased development, the fair market value for the entire tract to be platted shall be based upon the portion of property transferred to the developer immediately prior to recording of the first plat.
b. If the developer rejects the amount of the valuation, he or she may, at his or her expense, obtain an appraisal by a qualified real estate appraiser approved by the Planning Commission. The Planning Commission may accept or reject the appraisal from the developer’s appraiser or may negotiate for a final value.
c. If Planning Commission rejects the appraisal provided by the developer, then the developer shall refer the determination of the fair market value to the County Court of Common Pleas.
3. In the event of the exercise of (A)(2)(a) above, improvement of the open space as required shall occur prior to recording of the final plat for the first phase of the development or a performance guarantee shall be established in favor of the village for such improvements to be completed by a specified date as determined by Planning Commission. Such improvements shall include the completion of any streets and other infrastructure necessary to provide access and/or utility service to the open space.
4. Lands that become available for parks and open space through this section may be further developed and/or maintained by the village or by a non-profit homeowners association established for the subdivision. Operation and maintenance responsibilities shall be determined by Village Council and guidelines for the same shall be established prior to the acceptance of any land, the completion of any improvements, the establishment of any performance guarantees, and/or the recording of any final plat.
(B) Easements for utilities.
(1) Except where alleys are permitted for the purpose, the Planning Commission shall require easements, ten feet in width, for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains or other utility lines, along all front, rear lot lines, and along side lot lines if necessary, or if, in the opinion of the Planning Commission, deemed advisable. Easements of the same or greater width may be required along the lines of, or across, lots where necessary for the extension of existing or planned utilities.
(2) The developer shall consult with public utility companies for their opinion on easement locations and widths so as to minimize future difficulties in servicing.
(C) Community assets. In all subdivisions, due regard shall be shown for all natural features such as large trees, watercourses, historical spots, and similar community assets which, if preserved, will add attractiveness and value to the property.
(D) Suitability of the land.
(1) The Planning Commission shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that, in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed.
(2) Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property or aggravate erosion or flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
(E) Large tracts or parcels. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
(F) Zoning or other regulations.
(1) No final plat of land within the force and effect of an existing zoning ordinance will be approved unless it conforms with such ordinance.
(2) Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in zoning regulations, building code, or other official regulations, the highest standard shall apply.
(Ord. 1235, passed 7-16-2002)