Whenever a tract to be subdivided includes a proposed site for a park, playground, school or other public use, such space shall be suitably incorporated by the developer into his subdivision plan after proper determination by the plan commission/zoning board of appeals and the appropriate public agency involved in the acquisition and use of each such as to its necessity.
A. Requirements For Adequate Open Space:
1. Construction of any kind within a floodplain shall be subject to the floodplain ordinance of the village 1 .
2. Whenever school sites or parks may be needed, the developer is required to open negotiations with the public authority involved as to the possibility of an agreement between the two (2) parties.
B. Acquisition Of Land For Public Use: The plan commission/zoning board of appeals shall consider all tentative subdivision plans and any or all adopted or proposed studies related thereto to determine the need for acquisition for public use any of the land included in the said tentative subdivision plan for: highway or street right of way; public school and public sites; parks, playgrounds, other recreational areas; or other public purposes as provided by law.
C. Refusal Of Areas Not Suitable For Public Use: Whenever a tentative plan includes a proposed dedication of land to public use and the plan commission/zoning board of appeals finds that such land is not required or suitable for public use, the plan commission/zoning board of appeals may refuse to approve such proposed dedication, and may require the rearrangement of lots in the proposed subdivision to include such land. (Ord. 0-77-57A, 2-9-1977)
Notes
| 1 | 1. See title 12 of this code. |