A.
Shown on village plan. Where a proposed park, playground, open space or school site shown on the Village Master Plan or established, created or set aside thereafter is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the village by the subdivider if the Village Board approves such dedication.
B.
Parks and playgrounds not shown on village plan.
(1)
The Board shall require that parks, playgrounds and
other recreational areas be offered for dedication to the village
and that the plat show sites of a character, extent and location suitable
for the development of a park, playground or for other recreational
purpose. The Board shall require 10% of the gross area of the subdivision
to be dedicated and shown on the plat for recreation. Such area or
areas shall be dedicated to the village by the subdivider when requested
and approved by the Village Board.
(2)
All park and playground sites to be so dedicated shall
be left in their natural state and no trees removed unless otherwise
required by the village, and such improvements shall be made as required
by the Commissioner of Parks.
(3)
Where required, parks, playgrounds and other recreational
areas shall be completely fenced with a four-foot chain link fence
with steel posts set in concrete, with appropriate gates as required.
C.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit to the Board, prior to final approval,
three prints showing, at a scale of no less than 30 feet to the inch,
such area and the following features thereof:
(1)
The boundaries of the said area, giving lengths and
bearings of all straight lines and radii and lengths of all curves.
All lengths shall be in feet and hundredths of a foot, and all angles
shall be given to the nearest 10 seconds. The error of closure shall
not exceed one to 10,000.
(2)
Proposed improvements as required by the village.
(3)
Existing features such as ponds, clusters of trees,
rock formations and structures.
(4)
Existing and, if applicable, proposed changes in the
grades and contours of the said area and of the area immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Board finds that due to the size,
topography or location of the subdivision, land for park, playground
or other recreational purpose cannot be properly located therein,
or if in the opinion of the Board it is not desirable, upon the Board's
recommendation, the Village Board may waive the requirement that the
plat show land for such purposes. The Board shall then require as
a condition to approval of the plat a payment to the village not to
exceed the value of the land which otherwise would have been acceptable
as a recreation site. Land value is to be determined by applying the
latest state equalization rate for the village to the assessed value
of the entire plat, then dividing by the number of acres in the plat
to arrive at the full value per acre of land in said plat, finally
by multiplying the per acre value by the number of acres required;
or the Board may seek an impartial appraisal in a manner prescribed
by the Board.
(2)
Unless this amount is included in a performance bond,
such amount shall be paid to the Village Board at the time of final
plat approval, and no plat shall be signed by the authorized officers
of the Board until such payment is made. All such payments shall be
held by the Village Board in a special village recreation fund to
be used for the acquisition of land that is suitable for permanent
park, playground or other recreational purposes or for land recreational
improvements or for park recreational equipment.
E.
School sites. Upon receipt from the School Board of
a letter declaring its interest in a school site of a specific size
and location within a proposed subdivision, the Board may require
a subdivider to set aside such area. Upon the failure of the proper
authorities to purchase such school site within 36 months after the
date of the approval of the plat, the subdivider, upon application
to the Board and upon approval of such application, shall be relieved
of the responsibility of showing such land for public purposes.
G.
Preservation of natural features. The Board shall,
wherever possible, establish the preservation of all natural features
which add value to residential developments and to the community,
such as large trees or groves, rock formations, historic spots, vistas
and similar irreplaceable assets. No tree with a diameter of four
inches or more as measured three feet above the base of the trunk
shall be removed unless such tree is within the paved area of the
right-of-way of a street as shown on the final subdivision plat. Removal
of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of eight
inches or more as measured three feet above the base of the trunk
be removed without prior approval of the Planning Board.[1]
