(A) Except when an applicant utilizes a form of planned development, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of § 153.059 of this chapter), or other public use as indicated on the Comprehensive Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his sketch. After proper determination of its necessity by the Planning Commission and the appropriate local government official or other public agency involved in the acquisition and use of each such site and, after 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) Staff shall refer the sketch to the public body concerned with acquisition for its consideration and report. The staff or Planning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 40 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 receipt of an affirmative report, staff shall notify the property owner and 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 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.
(2002 Code, § 153.058) (Ord. 230, passed 9-8-1986; Ord. 651, passed 10-26-2009)