A.
Under the provisions of this chapter and state statutes,
the Borough of Park Ridge, other governmental agencies, the Board
of Education, state, county and other public bodies can be designated
to maintain and accept public open space for recreational or conservational
uses. These public agencies can accept and maintain such open space,
provided the dedication is not conditioned upon same being made available
to public use.
B.
Where a subdivision or site plan is required, this
chapter shall require that the applicant provide for an organization
for the ownership and maintenance of any open space for the benefit
of owners or residents of the development, if said open space is not
dedicated to the municipality or other governmental agency. Such organization
shall not be dissolved and shall not dispose of any open space, by
sale or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of such development,
and, thereafter, such organization shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same
to Park Ridge Borough wherein the land is located.
C.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the administrative
officer designated by resolution to administer this subsection may
serve written notice upon the owners of the development setting forth
the manner in which the organization has failed to maintain the open
space in reasonable condition, and said notice shall include a demand
that such deficiencies of maintenance be cured within 35 days thereof
and shall state the date and place of a hearing thereon which shall
be held within 15 days of the notice. At such hearing, the designated
municipal body or administrative officer may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they may be cured. If the
deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Borough, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
designated Borough body or officer, as the case may be, shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by such Borough body or officer, at
which hearing such organization and the owners of the development
shall show cause why such maintenance by the Borough shall not, at
the election of the Borough, continue for a succeeding year. If the
designated borough body or officer shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the Borough shall cease to maintain said open space at the end of
said year. If the Borough body or officer shall determine that such
organization is not ready and able to maintain said open space in
reasonable condition, the Borough may, in its discretion, continue
to maintain said open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the Borough body or officer in any such case shall constitute
a final administrative decision subject to judicial review.
D.
If a municipal body or officer is not designated by
resolution to administer this section, the governing body shall have
the same powers and be subject to the same restrictions as provided
in this section.
E.
The cost of such maintenance by the Borough shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space, in accordance with
assessed value at the time of imposition of the lien, and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
A.
Where applicable.
(1)
If the Master Plan of Park Ridge or the Official Map
of Park Ridge provides for the reservation of designated streets,
public drainageways, flood control basins or public areas within the
proposed development, before approving a subdivision or site plan,
the approving authority may further require that such streets, ways,
basins or areas be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of one year after the approval of the final plat or within
such further time as may be agreed to by the developer.
(2)
Unless during such a period or extension thereof the
government entity having jurisdiction shall have entered into a contract
to purchase or institute condemnation proceedings according to law
for the fee or a lesser interest in the land comprising such streets,
ways, basins or areas, the applicant shall not be bound by such reservations
shown on the plat and may proceed to use such land for private use
in accordance with the applicable development regulations. The provisions
of this section shall not apply to the streets and roadways, flood
control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
B.
Compensation to applicant. The applicant shall be
entitled to just compensation for actual loss found to be caused by
such temporary reservation and deprivation of use. In such instances,
unless a lesser amount has previously been mutually agreed upon, just
compensation shall be deemed to be fair market value of an option
to purchase the land reserved for the period of reservation, provided
that determination of such fair market value shall include, but not
be limited to, consideration of real property taxes apportioned to
the land reserved and prorated for the period of reservation. The
applicant shall be compensated for the reasonable increased cost of
legal, engineering or other professional services incurred in connection
with obtaining subdivision or site plan approval caused by the reservation.
A.
Comprehensive plan. The applicant for a planned development group shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. Said plan shall be submitted in accordance with this chapter, Chapter 101, Zoning, and other applicable municipal, county and state regulations. The comprehensive plan shall be submitted as a part of the preliminary application.
B.
Findings for planned developments. The approving authority
shall find the following facts and conclusions relative to planned
developments:
(1)
The departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to Chapter 101, Zoning, standards pursuant to state statutes.
(2)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(3)
That the provisions through the physical design of
the proposed development for public services, control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
(4)
That the proposed planned development will not have
an adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
(6)
In the deliberation of the proposed sequence of stages,
the approving authority shall be guided by the following criteria
and factors:
(a)
That each stage is substantially self-functioning
and self-sustaining with regard to access, utility services, parking,
open space and other similar physical features and shall be capable
of occupancy, operation and maintenance upon completion of construction
and development.
(b)
That each stage is properly related to every
other segment of the planned development and to the community as a
whole and to all necessary community services which are available
or which may be needed to serve the planned development in the future.
(c)
That adequate protection will be provided to
ensure the proper disposition of each stage through the use of maintenance
and performance guaranties, covenants and other formal agreements.
(d)
That the landowner will provide a balanced distribution
for development in each stage. Said distribution shall be judged on
the basis of the level of improvement costs, physical planning and
coordination required and other relationships which may be necessary
to undertake each stage or segment.
(7)
The approving authority, at its discretion, may require
additional documentation and study by the applicant, including:
(a)
A market feasibility study and other possible
study techniques of the demand for the principal proposed uses within
each stage, and the probable rental prices or sales costs for such
facilities and other relevant market data.
(b)
A cost-benefit analysis or other similar study
to review the relative estimated municipal costs, services and ratables
which might be anticipated for each stage of development.
(c)
An operational time-sequence chart of anticipated
construction and completion of various stages of development, including
all necessary municipal and other governmental approvals which are
required. Said chart may be in the form of a Program Evaluation Review
Technique or PERT chart.
(d)
A circulation study both within the planned
development and as it may affect the surrounding areas, including
estimates of total automotive trips generated, peak-hour demand, present
and anticipated traffic volumes, existing street capacities and other
elements which may influence and be influenced by the proposed planned
development.
(e)
An environmental impact statement.
C.
Final approval, compliance with comprehensive plan.
(1)
A plat submitted for final approval shall be required to be in total compliance with Chapter 101, Zoning, and to be in substantial compliance with the comprehensive preliminary plan.
(2)
Any plat which is not in compliance with the comprehensive
preliminary plan for the entire site shall require an amendment to
the preliminary approval including new hearings.
