The zoning chapter provides for a number of options to platting of lots in the conventional minimum area and width. These include but may not be limited to: the planned development zoning district, the subdivision open space plan and the single-family clustering option. When such options are to be used, the following requirements apply in addition to all other requirements of this chapter where a preliminary plat is filed for approval under 1 of the options permitted in the zoning chapter or under 1 of the options permitted under Article XX, Schedule of Regulations, of the zoning chapter.
(1) Consideration by the Planning Commission and the City Council of proposed optional use of the subdivision open space plan shall reflect the following basic principles:
(a) The zoning chapter provides for optional methods of subdividing property, and approval of such option is subject to the discretion of the city;
(b) Particular attention shall be given to the effect of such option upon the immediate area, where the character of that area has been established by previous development. Major attention shall be given by the Planning Commission and the City Council to the benefits to be derived by the residents of the proposed subdivision and the city because of the use of the option, with minor consideration to be given to the proprietor;
(c) The following objectives shall govern the approval or disapproval of the proposed subdivision option:
1. Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar assets;
2. Encourage developers to use a more creative approach in the development of residential areas;
3. Encourage a more efficient, aesthetic and desirable use of the land while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles on the site;
4. Encourage the provision of open space within reasonable distance of all lot development so benefits may accrue to the subdivision and to further encourage the development of recreational facilities and areas.
(2) The application for approval of a subdivision option shall contain the following, in addition to the information required by other sections of this chapter:
(a) A complete description of the land proposed to be dedicated to common use, called "open land," shall be provided, including the following as a minimum:
1. Legal description of open land;
2. Topographical survey of open land;
3. Type of soil in open land (include a minimum of one soil boring and percolation test per acre);
4. Description of natural features on open land (stands of trees or other vegetation, streams or other bodies of water, and the like);
5. Other relevant factors.
(b) The proposed plan of development of the open land shall be contained in the application and shall include the following as a minimum:
1. How legal title is to be held;
2. How the property shall be regulated;
3. Provisions for the payment of taxes;
4. Persons or corporations to be responsible for maintenance;
5. How maintenance is to be guaranteed;
6. How maintenance and development are to be financed;
7. Proposed uses of open land;
8. What improvements are to be constructed by the developer and an estimate of the cost thereof prepared by a consulting engineer or architect;
9. Other relevant facts related to the proposed uses of open land.
(c) The application shall contain a statement of the benefits to be realized by the residents of the proposed subdivision and the city by approval of the proposed subdivision option with particular reference to the objectives as stated in this section.
(3) Before any action is taken upon any subdivision option filing, copies of the preliminary plat, application and supporting data shall be submitted by the City Clerk to the City Planner and to the City Attorney for review and recommendation.
(a) The City Planner shall review and render an opinion upon the proposed subdivision option from the materials furnished and from visits to the site or such other information as he may deem necessary and render his opinion with respect to the following:
1. The suitability of the proposed open land for purposes proposed;
2. The need for the proposed uses in the general area;
3. The location and layout of the open spaces with relation to the lots within the subdivision;
4. The effect upon neighboring areas which would result by the subdivision option and the appropriateness of the development of the lot sizes proposed under the subdivision option in the particular area involved;
5. Any other factor related to the development and proper design of the proposed subdivision.
(b) The City Attorney shall review the proposed subdivision option and render his opinion with respect to the following:
1. The proposed manner of holding title to the open land;
2. The proposed manner of payment of taxes;
3. The proposed method of regulating the use of open land;
4. The proposed method of maintenance of property and financing thereof;
5. Any other factor related to the legal or practical problems of ownership, use and maintenance of the open land.
(4) If the Planning Commission is satisfied that the proposed subdivision option meets the letter and spirit of this section and the zoning chapter and should be approved, it shall give tentative approval to the plat with the conditions upon which such approval should be based. Thereafter, the City Council shall take action upon such application in accordance with the provisions of this chapter.
(5) If the Planning Commission is not satisfied that the proposed subdivision option meets the letter and spirit of the zoning chapter or finds that the approval of the subdivision option will be detrimental to existing development in the general area and should not be approved, it shall communicate such disapproval to the City Council with the reasons therefor. The proprietor shall be entitled to a hearing upon the proposal before the City Council upon written request therefor filed with the City Clerk.
(6) If the City Council gives preliminary approval of the proposed subdivision option, it shall instruct the City Attorney to prepare a contract setting forth the conditions upon which such approval is based, which contract, after approval thereof by the City Council, shall be entered into between the city and the proprietor prior to the approval of any final plat based upon the approved preliminary plat.
(7) At the time of application for final approval, the proprietor shall deposit a cash or corporate surety bond in the amount of the estimated cost of the proposed improvements to the open land guaranteeing the completion of such improvements within a time to be set by the City Council.
(1993 Code, § 62-62)