§ 151.085 PUBLIC SITES.
   (A)   All plats submitted under the provisions of this chapter may, subject to Area Plan Commission approval, allocate adequate areas for park, school, recreational, or other public and semi-public sites, wherever necessary in conformity with the Comprehensive Plan and as required by the Area Plan Commission. The location, shape, extent, orientation, use, and access to such areas shall be appropriate for each location based upon existing and proposed site conditions as well as the needs of the proposed subdivision. Such areas shall be made available by 1 of the following methods:
      (1)   Dedication for public use;
      (2)   Reservation for use by the owners of land contained in the subdivision by deed restriction or covenant which shall specify how and under what circumstances the area or areas shall be used, developed, and maintained; or
      (3)   Reservation for acquisition by a governmental unit or agency; provided, however, the area shall become available for private use if both of the following (a) and (b) apply:
         (a)   After the expiration of a period of 18 months from the date of recording the secondary plat:
            1.   No governmental unit or agency proceeds with such acquisition within the 18- month period; or
            2.   The appropriate governmental unit releases the area from reservation.
         (b)    The secondary plat indicated the nature and extent of the private use into which the area may be placed if the area is not used by a governmental unit as specified.
   (B)   Any area so reserved on the secondary plat shall be clearly marked on the plat as “Reserved for _________ Purposes.”
(Ord. 1223, § 3.11, passed 5-11-2010)