A. Acceptance Of Land: The village board of trustees may accept, through gifts, donations, grants, dedications in plats of subdivision or otherwise, land for parks, flood plain areas, detention ponds, conservation areas and other public grounds and easements, whether granted in fee, or in some lesser estate, whose value, preservation and continued utilization are necessary and desirable to sound community planning for the village and to the welfare of the residents thereof, for the purpose of preserving the special historic and rural character of the village and the streets, roads and other thoroughfares within and adjacent to the village, and for the purpose of aiding the preservation or enhancement of areas which have special historical, community or aesthetic interest.
B. Hold Lands In Trust: All gifts, donations, grants or dedications of land accepted by the village, and all land purchased under this chapter, as set forth in subsection D of this section, shall be held in trust as perpetual historic and rural preservation areas for the purposes specified in such gift, donation, grant or dedication, subject to the right of the village to maintain and improve the condition of such land or easements through additional plantings of trees, shrubs or other landscaping compatible with the rural atmosphere of the village and with the adjoining properties. It shall be the policy of the village to consult with the donor or his successors in title prior to any planting of trees or major landscaping.
C. Improvements: The acceptance of a gift, grant, donation or dedication of land or easements as hereinabove set forth, as well as to the purchase of land under this chapter, shall provide that no structure or other improvement may be located on any such land or easement without the express consent of the party or parties making such gift, grant, donation or dedication, and that such land or easement shall not be used for any right of way for any public or private utility or public or private street, alley or other thoroughfare, bicycle path, equestrian trail or motorized or nonmotorized vehicle access, except to the extent already so utilized at the time of such grant, donation or dedication.
The property owner immediately adjoining any land which is granted, donated, given or dedicated in fee, easement, or any lesser estate, or which is purchased, pursuant to this section, shall have the right to maintain any existing landscaping, fencing or driveways on such land. The village may install fencing on such land or easements only with the consent of the immediately adjoining property owner.
D. Acquisition Policy:
1. Donations:
a. The land acquired for purposes of this program under the provisions of this chapter shall generally be acquired by voluntary donation, grant, gift or dedication only, and not by purchase or the exercise of the power of condemnation or eminent domain.
b. Any property owner may pledge to donate land for this program and such pledges shall be held by the village until an appropriate survey and legal description can be prepared and the potential zoning impact on the remaining property adjacent to the donated land can be evaluated, and if there is no detrimental impact on the remaining property held by such owner, the land shall then be donated. The village shall not seek to enforce such pledge in a court of law.
2. Purchase: Notwithstanding the general policy to acquire land by donation whenever possible, the village board of trustees may purchase land for parks, open space or other land or areas having a special historical, community or aesthetic interest or value, whose value, preservation and continued utilization are necessary and desirable to sound community planning for the village and to the welfare of the residents thereof, for the purpose of promoting preservation of the special historic and rural character of the village and the streets, roads and other thoroughfares within and adjacent to the village and the historic districts and structures located therein, or otherwise in furtherance of the policies set forth in 65 Illinois Compiled Statutes 5/11-48-2. (Ord. 01-18, 12-4-2001)