The Planning Commission, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the village.
All reservations and easements shall be clearly
indicated on the final subdivision plat, along with appropriate notations
indicating the rights which exist with respect to each such reservation
and/or easement.
A. Park reservations.
(1) General standards. The Planning Commission may require
that land be reserved within subdivisions for a park or parks suitably
located for playground or other recreational purposes. Such locations
shall be as designated on the Village Long-Range Development Plan
or Official Map or as otherwise deemed appropriate by the Planning
Commission. Each reservation shall be of suitable size, dimensions,
topography and general character and shall have adequate street access
for the particular purpose or purposes envisioned by the Planning
Commission. The area shall be shown and marked on the plat as "Reserved
for Park Purposes."
(2) Minimum size.
(a)
Areas for parks shall be of reasonable size
for neighborhood playgrounds or other recreational uses. In general,
not less than 10% of the area of the subdivision shall be set aside
for these purposes.
(b)
In general, sites reserved for park purposes
shall have an area of at least one acre. The Planning Commission may
require the location of such areas along the boundary of a subdivision
so that additional land may be added at such time as the adjacent
property is subdivided.
(3) Ownership of park area. The ownership of reservations
for park purposes shall be clearly indicated on the plat and established
in a manner satisfactory to the Planning Commission so as to assure
their proper future continuation and maintenance.
(4) Cash payment in lieu of reservation. Where the Planning
Commission determines that a suitable park or parks of adequate size
cannot be properly located in a residential subdivision or where such
a reservation is otherwise not appropriate or practical, the Commission
may require, as a condition to approval of any such plat, a payment
to the village of a fee as set forth by resolution of the Village
Board of Trustees in the Master Fee Schedule, which may be amended
from time to time. Such payment shall constitute a trust fund to be
used by the Village Board of Trustees for the acquisition and development
of neighborhood parks, playgrounds or recreation facilities.
[Amended 5-23-1994 by L.L. No. 12-1994]
B. Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width, as specified for such streets in these regulations, or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Commission may require the subdivision plat to show such areas which shall be marked "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Chapter
185, Zoning.
C. Utility and drainage easements. Where topography or
other conditions are such as to make impractical the inclusion of
utilities or drainage facilities within street rights-of-way, perpetual
unobstructed easements of at least 15 feet in width shall be provided
for such utilities or drainage facilities across properties outside
the street lines and with satisfactory access to the street.
(1) Drainage easements shall extend from the street to
the watercourse or other drainage facility and shall convey to the
holder of fee title of the street, the perpetual right to discharge
stormwater runoff from the street and the surrounding area onto and
over the affected premises by means of pipes, culverts or ditches
or a combination thereof, together with the right to enter said premises
for the purpose of making such installations and doing such maintenance
work as the holder of such fee title may deem necessary to adequately
drain the street and the surrounding area.
(2) When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
must be secured in a form satisfactory to the Village Attorney and
suitable for recording in the office of the County Clerk.
D. Slope easements. Where determined appropriate by the
Planning Commission, said Commission may permit an embankment alongside
a proposed street to extend beyond the normal right-of-way of such
street, provided that a slope easement is granted, conveying to the
holder of fee title of the street the right to enter the premises
for the purpose of maintaining such slope. Where the embankment slope
is located on private land outside the subdivision, such easement
shall be permitted only where the appropriate rights have been secured
in a form satisfactory to the Village Attorney and suitable for recording
in the office of the County Clerk.
E. Sight easements. Sight easements shall be provided
across all street corners, outside the street right-of-way, within
the triangular area formed by the nearest edges of street pavement
and a straight line between two points each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye 3.5 feet above the pavement surface on one street and an object
one foot above the pavement surface on the other. The initial establishment
of clear sight lines within the sight easement area shall be the responsibility
of the subdivider.
F. Easements for pedestrian access. The Planning Commission
may require, in order to facilitate pedestrian access from streets
to schools, parks or neighboring areas, the reservation of perpetual
unobstructed easements of at least 10 feet in width for such purposes
and the construction of walkways thereon.
The subdivider may place restrictions on any of the land contained within the subdivision which are greater than those required by Chapter
185, Zoning. Such restrictions shall be indicated on the final subdivision plat.