§ 82-429 SUBDIVISION OPEN SPACE PLAN.
   (A)   The intent of the subdivision open space plan is to promote the following objectives:
      (1)   Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural 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 open area while recognizing a reduction in development costs and allowing the developer to by-pass natural obstacles on the site;
      (4)   Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.
   (B)   Modifications to the standards as outlined in the schedule of regulations in this article may be made in the one-family residential districts when the following conditions are met.
      (1)   The lot area in all one-family residential districts, which are served by a public sanitary sewer system, may be reduced up to 20%. In the R-1 District, this reduction may be accomplished in part by reducing lot widths up to 5 feet. In the R-2 Districts, this reduction may be accomplished in part by reducing lot widths up to 10 feet. These lot area reductions shall be permitted provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under the schedule of regulations in this article. All calculations shall be predicated upon the one-family districts having the following gross densities (including roads):
   R-1   =   3.8 dwelling units per acre.
   R-2   =   2.7 dwelling units per acre.
      (2)   Rear yards may be reduced to 30 feet when such lots border on land dedicated for park, recreation and/or open space purposes, provided that the width of the dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.
      (3)   Under the provisions of subsection (B)(1) of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the schedule of regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the municipality.
      (4)   The area to be dedicated for subdivision open space purposes shall in no instance be less than 4 acres and shall be in a location and shape approved by the Planning Commission.
      (5)   The land area necessary to meet the minimum requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a floodplain.
      (6)   This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the City Council and the subdivider or developer.
      (7)   This plan, for reduced sizes, shall be started within 6 months after having received approval of the final plat and must be completed in a reasonable time. Failure to start within this period shall void all previous approval.
      (8)   Under this planned unit approach, the developer or subdivider shall dedicate the total park area (see subsection (B)(1) of this section) at the time of filing of the final plat or any portion of the plat.
(1993 Code, § 82-429) (Ord. passed 10-12-1992)