(A) Mandatory land dedication.
(1) The subdivider shall be required to set aside in all platted subdivisions acreage for the provision of public areas. Such public areas shall be used as sites for public parks, open space, and recreational areas. The amount of acreage to be set aside shall comply with the following schedule:
Zoning District | Percent of Net Developable Site |
R-1 | 2.5 |
R-2 and R-3 | 5.0 |
R-4 and R-5 | 7.5 |
R-6 | 7.5 |
AR-1 | 10.0 |
PRD | 20.0 |
(2) Such lands may be deeded to the village and thereby developed and managed by the village or held, developed, and maintained by a private association, the bylaws and creation of which shall be by approval of the Village Council as an element of the subdivision platting process. The title to dedicated land shall be transferred to the village within 60 days of final plat approval.
(3) Land proposed for open space shall be suitable for public parks, open space, or recreational purposes. The Planning Commission, with the advice of the Park Board, may review and reject the proposed acreage if such site is not appropriate for the intended use given environmental, technical, or land use considerations. In such circumstances, the Planning Commission shall request alternative sites, which may or may not be provided on-site.
(B) Fees in-lieu of dedication. The applicant may request the payment of fees in-lieu of the total or a portion of the mandatory land dedication to the Planning Commission which, with the advice of the Village Park Board, shall make a recommendation to the Village Council relative to such a request. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been dedicated to the village under the land dedication requirement.
(C) Payment, deposit, and use of fees. Fees in-lieu of land dedication shall be paid to the village within 60 days following final plat approval. Such fees shall be placed in a special fund that records of which shall be available for public inspection. Such funds shall only be used by the village for the acquisition and development of public parks, recreation facilities, and open space.
(D) Additional reservation of public land. Where adopted planning documents recommend sites for public schools, parks, or other public facilities, including open space, such lands shall be set in reserve by the owner for a period not to exceed five years from the date of recording of the approved subdivision plat. The school district in the case of a recommended school site, or the village in the case of parks, public facilities and open space, may purchase the reserves by the end of the five-year period for the fair market value as calculated by a current appraisal prepared by a certified appraiser. Failure to purchase any reserves within the five-year period shall revert use of the property to the owner.
(E) Park fee. A park fee for each dwelling unit shall be paid to the village by the developer or builder of any residential structure prior to issuance of a certificate of zoning compliance or building permit. Such fee shall be deposited in a special fund and expended by the village for the improvement and purchase of recreational facilities and equipment excluding maintenance and maintenance equipment.
(F) Minor subdivision. Minor subdivisions shall not be exempt from land dedication or payment in lieu of dedication requirements, and payment of park fees.
(Ord. 96-106, passed 3-20-1996)