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1986 008 Ordinance
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1986 008 Ordinance
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Last modified
11/19/2018 3:54:49 PM
Creation date
8/8/2018 8:34:39 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
008
Date
9/18/1986
Year
1986
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M.V. ORDINANCE NO. 86- $ <br />Page -2- <br />(b) Mandatory Dedication of Arga_for Park and Recreation <br />ses In the interests of public safety, health and welfare, <br />to provide proper open spaces for circulation of light and air <br />and to avoid future congestion. of population detrimental to the <br />public safety, health and welfare, no subdivision plat shall be <br />approved by the Commission, except as provided in subsections <br />(a), (c) and (d) hereof unless in addition to all other lawful <br />requirements, after deducting the area of such subdivision to be <br />dedicated or deeded for public street, sidewalk or utility <br />purposes, eight percent (8~) of the balance of the area of such <br />subdivision is dedicated or deeded to the Village for public park <br />or recreational uses, provided that the area to be so dedicated <br />or deeded to the Village for public park or recreational uses <br />shall be reasonably suitable, in the judgment of the Commission, <br />for use as a public park or recreational area. In determining <br />such reasonable suitability, the Commission shall consider such <br />factors as the topography of the area to be so dedicated or <br />deeded, the major physical characteristics of such area, the <br />location thereof in relation to the remaining area of the <br />subdivision, the shape of the area to be so dedicated or deeded <br />and other similar considerations as in the judgment of the <br />Commission are relative to a determination of whether or not the <br />area to be so dedicated or deeded can reasonably be used for <br />public park or recreational purposes. <br />(c)'Exceptions and Considerations. Notwithstanding the <br />requirement of subsection (b) hereof, the Commission shall have <br />authority, after public notice and. hearing as provided in <br />subsection (e) hereof, to determine that it would not be adverse <br />to the interests of public safety, health and welfare to provide <br />proper open spaces for circulation of light and air and the <br />avoidance of future congestion of population detrimental to the <br />public safety, health and welfare, to approve a subdivision plan <br />wherein less than the minimum area required by subsection (b) <br />hereof is dedicated or deeded to the Village for public park or <br />recreational uses when it is further determined by the <br />Commission, after such public notice and hearing, that it would <br />be unreasonable to require the minimum area as set forth in <br />subsection (b) hereof to be so dedicated or deeded and that <br />practical difficulties or unnecessary hardship would result from <br />such requirement. In making such determination, the Commission <br />shall consider such factors as the following: <br />(1) The aggregate area of the subdivision of ter deducting <br />the area to be dedicated or deeded for public street, <br />sidewalk or utility purposes; <br />(2) The topography of the subdivision; <br />(3) The major physical characteristics of the land <br />within the area of the subdivision; <br />(4) The aggregate area of the subdivision, after deducting <br />the area to be dedicated or deeded for public street, . <br />sidewalk or utility purposes, which can reasonably <br />be developed for uses authorized under the Planning <br />and Zoning Code; <br /> <br />
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