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9-1-9: RESERVATION OF PUBLIC SPACES AND SITES 1 :
A. Preliminary Plat To Accommodate Planned Public Spaces: Whenever a tract to be subdivided includes a proposed street, highway or parkway or proposed site for a playground, school, or other public use as indicated on the official map of the village, such space shall be suitably incorporated by the developer into his subdivision plat after proper determination of its necessity by the village and/or other public agency involved in the acquisition and use of each such site.
B. Requirements For Floodplain Areas: The village board of trustees may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit subdivision of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps.
C. Acquisition Of Land For Public Use: The village shall consider all preliminary plats and adopted or proposed studies related thereto to determine the need for acquisition for public use of any of the land included in the preliminary plat. Land may be acquired for: public school site parks, playgrounds or other public recreation areas or other public purposes available for acquisition as provided by law.
1. Referral To Public Body: The village shall refer the plat to the public body concerned with the acquisition for its consideration and report. The village may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days to reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
2. Notice To Property Owner: Upon receipt of an affirmative report, the village shall notify the property owner and shall designate on preliminary and final plats that area proposed to be acquired and an estimate of the time required to complete the acquisition.
3. Duration Of Land Reservation: The acquisition of land reserved by a public agency on the preliminary or final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a sketch plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development. (Ord., 12-27-2007)
1. See also section 9-4-10 of this title.