(A) Areas to be reserved. Whenever the area being subdivided embraces all or part of any lands set aside on the official map for a street, school, conservation area, other community facility or any other public use, all land so designated shall be shown on the tentative plat as being dedicated or reserved for that proposed use, and it shall be reserved by the subdivider for a period of one year from the date of approval of the final plat, during which time it shall be made available for sale to the public agency concerned. If the sale price cannot be agreed upon, the fair cash market value of the property may be established by an appraiser acceptable to all parties. The sale price shall be based on the fair cash market value of the date of the filing of the first tentative plat.
(B) Reservations of preliminary plats.
(1) Areas reserved shall be clearly identified on the preliminary plat as reserved in accordance with this chapter.
(2) The preliminary plat shall also contain the proposals of the subdivider, as they might otherwise be platted, for the areas under reservation, to be applied in the event the land is not acquired by the public within the period of reservation.
(3) Upon completion of the one-year period of reservation, the preliminary plat shall remain a valid preliminary plat for the formerly reserved areas for a period of one year, subject to restrictions imposed by this chapter.
(C) Reservations and final plats.
(1) Where practical, final plats shall not include areas reserved; said final plats should affect only that portion of the subdivided land which is unrestricted by the reservations.
(2) Where final plats must include areas reserved, such areas shall be clearly identified as reserved in accordance with this chapter and shall not contain any proposals of the developer.
(3) Final plats may be submitted for reserved land unacquired by the public at the close of one year. Such plats will be considered additional units of the subdivisions for which initial final plats were recorded.
(D) Reversion. If the appropriate public agency having jurisdiction has not, within one year of the approval of the preliminary plat, acquired the site reserved for a public use by the subdivider, he or she may use it in any way for any purpose permitted by the applicable regulation then in effect.
(2007 Code, § 34-8-3)