A.
Dedication requirement. ln order that adequate open
spaces and sites for public uses may be properly located and reserved
and in order that the cost of providing public areas, such as but
not limited to parks, recreation areas and public schools, may be
equitably apportioned on the basis of additional need created by the
subdivision development, each subdivider shall be required to dedicate
land or fees in lieu of land for park or other public uses.
B.
General design. In the design of a subdivision, land division, planned
unit development or condominium development project, provision shall
be made for suitable sites of adequate area for parks, playgrounds,
open spaces, drainageways, and other public purposes as permitted
by law. Such sites are to be shown on the preliminary plat and final
plat. Consideration shall be given to the preservation of scenic and
historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses,
watersheds, ravines and woodlands, prairie and wetlands, and plant
and animal communities.
[Amended 3-3-2020 by Ord.
No. 20-02]
C.
Site reservations required.
[Amended 7-1-2003 by Ord. No. 03-04; 3-3-2020 by Ord. No. 20-02]
(1)
Where the area proposed to be divided contains a park, playground
or other public area which is shown upon the Village Comprehenisve
Plan, Comprehensive Outdoor Recreation Plan, or component thereof,
such area shall either be dedicated to the proper public agency or
it shall be reserved for acquisition thereby within a five-year period
by purchase or other means. If the land is not acquired during this
period, it shall be released to the subdivider.
(2)
Whenever a tract of land to be subdivided embraces all or any part
of an arterial street or other public way which has been designated
in the Comprehensive Plan or on the Official Map of the Village, such
public way shall be made a part of the plat or certified survey map
and dedicated or reserved by the subdivider (as determined by the
Village) in the locations and dimensions indicated on such plan or
map.
A.
Dedication of sites. Where feasible and compatible with the Village
Comprehensive Plan, Comprehensive Outdoor Recreation Plan, or component
of said plan(s), the developer of land within the Village shall provide
and dedicate to the public adequate land to provide for park, recreation,
and other lawful public open space needs. The precise location of
such land to be dedicated shall be determined by the Village Board,
following recommendation from the Plan Commission and Parks and Recreation
Committee. Where the dedication is not compatible with the Comprehensive
Plan or Comprehensive Outdoor Recreation 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.
[Amended 3-3-2020 by Ord.
No. 20-02]
B.
Dedication of parks, playground, 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:
[Amended 10-7-2003 by Ord. No. 03-06]
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 Plan Commission 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.
(2)
Land reserved for recreation purposes shall be of
a character and location suitable for use as a playground, play field
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 Plan Commission, there is no land suitable for parks within the proposed land division, subdivision or comprehensive development, the dedication of land required by Subsection B is not feasible, the dedication of land would not be compatible with the Village Master Plan or park plan, the minimum size under Subsection D cannot be met or the Plan Commission determines that a cash contribution will better serve the public interest, the Plan Commission shall require the developer to pay a fee in lieu of making the required land dedication of $1,000 per dwelling unit.
[Amended 10-7-2003 by Ord. No. 03-06]
(2)
The amount of any fee imposed pursuant to Subsection E(1) shall be as set by the Village Board. The park fee shall be payable before construction commences on the utilities and streets.
(3)
The Plan Commission may, in its sole discretion, permit the subdivider to satisfy the requirements of Subsection E(2) 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 Plan Commission in any community park, for
developing adequate parks, playgrounds, recreation and open spaces.
F.
Limitations. A subdivider shall not be required to
dedicate more than 1/3 of the total area of the plat to meet
the objectives of this section.
G.
Suitability of lands. The Plan Commission 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.
H.
Access to dedicated land. All dedicated land shall
have frontage on a public street and shall have public access.
I.
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.
When public parks and sites for other public areas as shown on the Master Plan or Master Plan component lie within the proposed area for development and are greater in area than required by § 265-48, the owner shall reserve for acquisition by the Village, through agreement, purchase or condemnation, the remaining greater public area for a period of one year from final plat approval unless extended by mutual agreement.
[Amended 10-7-2003 by Ord. No. 03-07; 3-3-2020 by Ord. No. 20-02]
A.
When parklands and other public recreational spaces under this chapter
are required to be dedicated to the Village, the subdivider is required,
in a time frame specified by development agreement, to:
(1)
Properly grade and contour for proper drainage;
(2)
Provide surface contour suitable for anticipated use of area as approved
by the Village Engineer;
(3)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seeded, fertilized, and mulched as specified by the Village
Engineer. The improved area shall not be deemed officially accepted
until a uniform grass cover to a two-inch height has been established.
(4)
For each neighborhood park, provide a standard residential water
service unless located directly adjacent to a fire hydrant. For a
community park, provide a minimum six-inch water service or at least
one fire hydrant and at least one four-inch sanitary sewer lateral,
all located at the street property line.
(5)
For natural areas included within a dedicated park or recreational
site, restore the land to a natural state to the extent determined
practicable by the Village Engineer.
(6)
In cases where private lots adjoin the public park, grade, sign,
fence, and/or landscape the area along such property lines to clearly
demarcate the borders between private lots and the public site, as
approved by the Village Engineer.
(7)
For each park, install playground equipment and other park improvements in accordance with a park master plan prepared by the subdivider and approved by the Parks and Recreation Committee, with the value of such equipment and other improvements [not including those in Subsection A(1) through (6)] based on the park improvement fee that would otherwise be required under Subsection E.
B.
The subdivider shall maintain the park or recreational site until
the Village accepts its dedication, which shall include all watering,
mowing, and other maintenance to maintain a neat, clean, and living
appearance. It shall be the responsibility of the Village to maintain
the dedicated land and improvements upon their dedication and acceptance
by the Village.
C.
If the subdivider fails to satisfy the requirements of this section,
the Village Board may contract said completion and bill such costs
to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result
in the immediate withholding of all building permits until such costs
are paid.
D.
The subdivider shall pay all costs of public improvements in the
public streets adjacent to or within all public and/or park lands.
E.
In the event the development does not include dedicated public park and recreational space improved by the subdivider per Subsection A above, a park improvement fee of $100 per bedroom shall be paid at the time each residential building permit is issued for new construction within the development.
