(a) Dedication of sites. Where feasible and compatible with the Comprehensive or Master Plan of the village, the developer shall provide and dedicate to the public adequate land to provide for park, recreation, school, and open space needs of the land development within the village. The location of such land to be dedicated shall be determined by the Village Board. Where the dedication is not compatible with the Comprehensive or Master Plan, or for other reasons is not feasible as determined by the Village Board the developer shall, in lieu thereof, pay to the village a fee as established by this article, or a combination thereof.
(b) Dedication of parks, playgrounds, recreation, and open spaces. The developer shall dedicate sufficient land area to provide adequate park, playground, recreation, and open space to meet the needs to be created by and to be provided for the land division, subdivision, or comprehensive development, The minimum dedication shall be:
(1) Five percent of the total acreage intended to be used for commercial or industrial uses;
(2) Ten percent of the total acreage intended to be used for single-family and two-family dwelling units; and
(3) Fifteen percent of the total acreage intended to be used for multi-family dwellings.
(c) Combination of residential uses. Where a combination of residential uses is intended, the minimum dedication shall be the sum obtained by adding 10% of the acreage intended for single-family and two-family dwellings, and 15% of the acreage intended for multi-family dwellings. Where a definite commitment is made to the village by the developer with respect to those portions of the total acreage intended for single-family, duplex, and multi-family dwellings, the dedication shall be based upon the maximum dedications which the zoning classification of the parcel will permit.
(d) Minimum size of park and playground dedications.
(1) In general, land reserved for recreation purposes shall have an area of at least two acres. Where the amount of land to be dedicated is less than two acres, the Village Board may require that the recreation area be located at a suitable place on the edge of the proposed land division, subdivision, or comprehensive development so that additional land may be added at such time that the adjacent land is subdivided. In no case shall an area of less than one acre be reserved for recreational purposes if it will be impractical or impossible to secure additional lands in order to increase its area.
(2) Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield, or for other recreation purposes, and shall be relatively level and dry. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no other dimension of the site shall be less than 200 feet.
(e) Fees in lieu of land.
(1) Where, in the sole discretion of the Village Board, there is no land suitable for parks within the proposed land division, subdivision, or comprehensive development, the dedication of land required by subsection (b) above is not feasible, the dedication of land would not be compatible with the Village Master Plan or park plan, the minimum size under subsection (c) above cannot be met, or the Village Board determines that a cash contribution will better serve the public interest, the Village Board shall require the developer to pay a fee in lieu of making the required land dedication.
(2) The amount of any fee imposed pursuant to subsection (e)(1) above shall be determined as follows: the number of acres which would be required to be dedicated in accordance with subsection (b) above shall be multiplied by 30% of the equalized value of an acre of land within the plat during the assessment period following the installation of public improvements. The equalized value of an acre of land within the plat shall be determined by the Village Assessor. Eighty percent of the estimated park fee, as determined by the Village Assessor and Village Administrator, Clerk, or highest elected official, as appropriate, shall be payable before construction commences on the utilities and streets. The developer shall pay the balance of the park fee when it is finally determined by the village.
(3) The Village Board may, in its sole discretion, permit the subdivider to satisfy the requirements of subsection (e)(2) above by combining a land dedication with a fee payment. The fee, in such cases, shall be determined by subtracting the most recent equalized value of the dedicated land, as determined by the Village Assessor, from the total fee which would have been imposed had no land been dedicated by the subdivider.
(4) The village shall place any fee collected pursuant to the provisions of this section in a separate account to be used at the discretion of the Village Board in any community park, for developing adequate parks, playgrounds, recreation, and open spaces.
(f) Extraterritorial areas. Where the land division, subdivision, or comprehensive development is situated within the extraterritorial jurisdiction of the village, and the town operates and maintains a park system, the park land area dedicated to the town or fees paid to the town in lieu of such dedication shall be credited against any dedication required by or fee imposed pursuant to this section.
(g) Limitations. A subdivider shall not be required to dedicate more than one-third of the total area of the plat to meet the objectives of this section.
(h) Suitability of lands. The Village Board shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainageways, wetlands, or areas reserved for streets shall not be considered as satisfying land dedication requirements.
(i) Deeded to the village. Land dedicated for public purposes shall be deeded to the village at the time the final plat is approved.
(j) Access to dedicated land. All dedicated land shall have frontage on a public street and shall have unrestricted public access.
(k) Utility extensions. The subdivider shall install or provide for installation of water and sanitary sewer lines to the property line of all dedicated land where such services are to be provided to the adjacent properties.
(Prior Code, § 14-1-81)