(A) Except when an applicant utilizes planned unit development or density zoning in which land is set aside by the developer as required by the provisions of the zoning ordinance, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of § 158.199 of this chapter) or other public use, excluding streets and rights-of-way, as indicated on the Comprehensive Land Use Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his or her sketch plat. After proper determination of its necessity by the Planning and Zoning Commission and the appropriate city official, or other public agency involved in the acquisition and use of each such site, and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
(B) The Planning and Zoning Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Planning and Zoning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
(C) Upon a receipt of an affirmative report, the Planning and Zoning commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
(D) The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification, in writing, from the owner that he or she intends to develop the land. Such letter of intent shall be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these regulations.
(Prior Code, § Q-12-1110)