In accordance with ILCS Ch. 65, Act 5, § 11-12-8, the Planning Commission shall require the developer to reserve land for parks, playgrounds, schools or other public purposes and reservations shall be as follows.
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACTIVE USE GREEN SPACE. Land in subdivisions used for passive or active parks, playgrounds, trails, paths or similar type uses that are accessible to the subdivision residents.
BOULEVARD. Any street encompassing in width, as measured from one side's right-of-way to the other's a distance exceeding by 25% or more the minimum width required for the street and its use by the ordinances of the village and which includes a center unpaved area for trees, landscaping grass or other vegetation.
GREEN SPACE. Land devoted to parks, recreation or open spaces, including by example, but not limited to, subdivision entrances, unpaved areas of boulevard streets, parking islands, trails, paths and interconnections of same with other subdivisions, and specifically not including parts of one or more individual lots improved with, and/or used for another principle purpose such as housing or storm water detention.
PASSIVE USE GREEN SPACE. Land in subdivisions used for subdivision entrances, unpaved areas of boulevard streets, parking islands, undeveloped woods or grasslands that provide visual green space.
(B) Information required. The gross and net acreage area of the proposed subdivision; the acreage of street right-of-way; the acreage of any areas reserved for the common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage for active green space and net acreage for passive green space. The locations, dimensions and areas of all parcels to be reserved or used for green space and its intended use.
(C) Provision of green space (general green space requirements).
(1) Proposed subdivision shall contain active and passive green space. The green space shall be owned (either in fee simple or by perpetual easement), supervised, managed and maintained by the developer, subdivision property owner's or owner's association. In some cases the Village Board may consider acceptance of active green space as a public park. In no case shall acceptance be for portions of the storm water management system. The green space shall consist of active and passive green space, whether developed for recreational uses or not, but shall not include water retention, water detention or other storm water management system areas; however, ponds, lakes or natural wetlands that are part of the storm water management system shall be considered as green space. Green space must be accessible to all lots via right-of-way or public access easements. Creative uses of green space will be encouraged.
(2) The subdivision's covenants and restrictions shall include language to the effect that, if the property owners fail to maintain the green space, the village has the authority to maintain the green space and impose a lien on each lot in the subdivision for its share of the maintenance costs. The developer shall have the duty to maintain the green space until such time as 70% of the lots have been sold or individual property owners control the association. However, the developer shall be responsible for construction details and construction quality until release of the same per the provisions of the Development Code. The developer may petition the village to accept active green space for public park for tracts over three acres.
(3) As part of the developer's site plan approval responsibilities, developers shall be responsible for the improvements to the development for active and passive green space purposes including, but not limited to, finished grading and ground cover for all green spaces within their development.
(4) In a phased subdivision, the developer must provide the required green space for the subdivision in proportional amounts for each phase of the development. The amount of green space exceeding the requirements in a completed phase may be applied toward any future phase of the subdivision.
(5) Locations of green space shall generally conform to the village's Comprehensive Plan and all regional plans.
(6) Any park space accepted by the village as public shall have the following:
(a) Minimum public street frontage of 50 feet;
(b) Sanitary sewer on site;
(c) Municipal water on site; and
(d) Electric, gas, telephone on site.
(D) Minimum green space requirements.
(1) Single-family residence districts (CE, R-1, R-2 and R-3): 4% of the total area should be passive green space.
(2) Multi-family and mobile home districts (MR, MH): 8% of the total area should be passive green space.
(3) All other districts: 8% of the total area of the subdivision which shall consist of passive green or active green space all of which shall be provided within the subdivision.
(E) Compliance with green space requirements. In providing the required areas of green space within the subdivision the required amount of passive green space must be provided within the boundaries of the proposed subdivision. The required amount of active green space may be provided in the following ways:
(1) Construction of the active green space within the development;
(2) A cash contribution in lieu of constructing active Green Space may be made by the developer to the "Village of Shiloh Park Improvement Fund";
(3) A combination of divisions (E)(1) and (2) above as approved by the Village Board; or
(4) If at least 30% of the required active green space in a district is provided in the subdivision, the payment of the sum of per lot fee shall still be paid. If at least 60% of the required active green space is provided in the subdivision, the sum of 40% of the aforementioned lot fee shall be paid. Amounts due shall be paid at the time of approval of the final plat of the subdivision.
(F) Protection of green space. Green space shall be protected from development through platting, deed restrictions or restrictive covenants which will ensure its perpetual use as a green space as defined in this section and which further provides that no changes in use may be made without the express written consent of the village.