§ 17-3-403. Reservation of land for public facilities.

(a) Land needed for public facilities. The Planning and Zoning Officer may require that land in a subdivision be reserved for acquisition by the County or the Board of Education for use as a park, County or State multi-modal transportation infrastructure, school, County or State road, or other public facility if the Planning and Zoning Officer determines after receipt of a written request from a department or other public entity charged with responsibility for the facility that the land is needed and the facility is funded in the Capital Improvement Program of the County or State.

(b) Conditions. The following conditions apply to land reserved under this section:

(1) a reservation may not continue for longer than three years from the date of recordation of the plat without written approval from all owners of the land reserved;

(2) the period of time for which the land is reserved shall be specified on the proposed record plat; and

(3) the land shall remain in its natural state and undeveloped during the reservation period, except that the Office of Planning and Zoning may approve use of the land for agricultural purposes or for temporary uses authorized by Article 18 of this Code.

(c) Value. When land within a subdivision is reserved under this section, acquisition of the reserved land may be:

(1) in consideration of density transferred from the reserved land to abutting or adjacent land under the same ownership; or

(2) at the unimproved value of the land before subdivision, plus expenses for taxes and maintenance only with interest at the rate of 6%.

(Bill No. 3-05; Bill No. 59-10; Bill No 78-18)