§ 88-405-18. OTHER PUBLIC USES  


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  • 88-405-18-A. PLAT TO PROVIDE FOR PUBLIC USES; DETERMINATION OF NECESSITY

    1.

    The developer must suitably incorporate into the preliminary plat other public uses as indicated in the comprehensive plan. Other public uses include such uses as a school, recreation uses in excess of the requirements in 88-405-17, or any other similar public uses as indicated by the developer or as required by any provision of this zoning and development code.

    2.

    The determination of necessity for acquisition of such other public uses will be by the city plan commission as part of the development phase, in accordance with 88-405-18-B. If the determination is made to acquire the site by the city or other public agency, the site must be suitably incorporated by the developer into the preliminary plat and final plat.

    88-405-18-B. REFERRAL OF PLAT TO PUBLIC BODY

    The secretary of the city plan commission must refer the preliminary plat to the public body concerned with the proposed acquisition for its consideration and report. Alternate areas for such acquisition may be proposed. The secretary of the city plan commission must invite the public body or agency to respond at the development review committee meeting when the proposal will be discussed. The agency's recommendation, if affirmative, must 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.

    88-405-18-C. NOTICE TO PROPERTY OWNER OF ACQUISITION BY PUBLIC BODY

    Upon receipt of an affirmative report pursuant to 88-405-18-B, the secretary of the city plan commission must notify the subdivider and require designation of the area proposed to be acquired by the city or other public body on the final plat.

    88-405-18-D. DURATION OF LAND RESERVATION BY PUBLIC BODY

    The acquisition of the land reserved by the city or other public body on the final plat must be consummated within 12 months of written notification from the owner of the owner's intent to develop the land. Such letter of intent must be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the city or other public agency to consummate acquisition within the prescribed 12 months will result in the removal of the reserved designation from the property involved and the freeing of the property for development in accordance with this zoning and development code. The developer must replat this parcel in accordance with the provisions of this zoning and development code.