The following requirements apply in addition to all other requirements of these Regulations where a preliminary plat is filed for approval under the Subdivision Open Space Plan of the Zoning Code (Section 1292.03).
(a) Consideration by the Commission and the governing body of the proposed optional use of the Subdivision Open Space Plan shall reflect the following basic principles:
(1) The Subdivision Open Space section of the Zoning Code provides an optional method of subdividing property, and approval of any Subdivision Open Space Plan is subject to the discretion of the governing body.
(2) Particular attention shall be given to the effect of a Subdivision Open Space Plan upon the immediate area, where the character of that area has been established by previous development. Consideration shall be given by the Commission and the governing body to the benefits to be derived by the residents of the proposed subdivision and the Municipality because of the Subdivision Open Space Plan, with reasonable consideration to be given to the proprietor.
(3) The following objectives shall govern the approval or disapproval of the proposed Subdivision Open Space Plan:
A. Provides a more desirable living environment by preserving the natural character of stands of trees, brooks, topography and similar natural assets.
B. Provides a more creative approach in the development of residential areas.
C. Provides a more efficient, aesthetic and desirable use of open area, allowing the developer to bypass natural obstacles within the site.
(b) The Subdivision Open Space Plan shall contain the following, in addition to the information required by the other sections of these Regulations:
(1) A completed description of the land proposed to be deeded or dedicated to the Municipality or to the common use of lot owners (herein called open land) shall be provided, including the following as a minimum:
A. A legal description of open land.
B. A topographical survey of open land.
C. The types of soil in open land.
D. A description of natural features on open land (stands of trees or other vegetation, streams or other bodies of water, etc.).
E. Any other relevant factors.
(2) The proposed plan of development of the open land shall be submitted with the plat and shall include the following as a minimum:
A. The proposed manner in which the title to land and facilities is to be held by the owners of land in the subdivision.
B. The proposed manner of collection of maintenance costs, financing costs or assessments so that non-payment will constitute a lien on the property, thus avoiding Municipal responsibility in the future.
C. The proposed manner of regulating the use of the common facilities and areas so as to eliminate possible nuisances to other property owners and cause for enforcement by the governing unit.
D. The proposed method of notifying the Municipality when any change is contemplated in plans which would affect the original specifications approved by the Municipality.
E. The proposed method of setting up assessments to cover contingencies, insurance against casualty and liability and payment of taxes relating to these properties.
F. The proposed uses of open land and the proposed improvements which are to be constructed by the proprietor.
(3) The Open Space Plan shall contain a statement of the benefits to be realized by the residents of the proposed subdivision and the Municipality by approval of the proposed Subdivision Open Space Plan, with particular reference to the objectives stated in paragraph (a)(3) hereof.
(c) If the Commission is satisfied that the proposed Subdivision Open Space Plan meets the letter and spirit of the Zoning Code and should be approved, it shall recommend such approval to the governing body with the conditions upon which such approval should be based. Thereafter, the governing body shall take action upon such application in accordance with Section 1224.03.
(d) If the Commission is not satisfied that the proposed Subdivision Open Space Plan meets the letter and spirit of the Zoning Code or finds that the approval of said Subdivision Open Space Plan will be detrimental to existing development in the general area and should not be approved, it shall communicate such disapproval to the governing body with the reasons therefor. The proprietor shall be entitled to a hearing upon said proposal before the governing body upon written request therefor filed with the Clerk.
(Ord. 268. Passed 7-27-81.)