1292.03   SUBDIVISION OPEN SPACE PLAN.
   The intent of this section is to permit one-family residential subdivisions to be planned as a comprehensive unit with an allowance for residential open space. Certain modifications to standards outlined in Section 1292.01 are permitted when the following conditions are met:
   (a)   Lot dimensions in R-1, R-2, R-3 and R-4 One-Family Residential Districts may be reduced in accordance with the following schedule, provided that the number of residential lots shall be no greater than if the land area to be subdivided were developed with minimum square foot lot areas as required for each district under Section 1292.01.
      (1)   All calculations of density shall be predicated upon the following number of dwelling units per acre, including roads:
         District                     Dwelling Units Per Acre
         R-1                        2.3
         R-2                        2.7
         R-3                        3.4
         R-4                        3.7
      (2)   Lot widths and overall area reductions shall not be more than the following:
                        Minimum         Minimum Lot
                        Lot Width         Area
         District                (ft.)           (sq. ft.)
         R-1               90            11,700
         R-2               80            10,000
         R-3               70            8,400
         R-4               65            8,100
      (3)   Rear yards may be reduced to thirty feet when bordering on land dedicated to the common use of the subdivision as indicated in subsection (b) hereof.
   (b)   For each square foot of land gained under the provisions of subsection (a) hereof within a residential subdivision, through the reduction of lot size below the minimum requirements as outlined in Section 1292.01, equal amounts of land shall be dedicated to the common use of the lot owners in the subdivision in a manner approved by the Township or may, if approved and accepted by the Township, be deeded to the Township. If deeded to the Township, no individual land area shall be less than four acres in size, except that said parcel may be separated from the subdivision by a road or stream.
   (c)   Lands zoned FW Floodway District, owned as part of lands proposed to be subdivided, may be credited as open space under this section, provided that the requirements of this section are met.
   (d)   The area to be dedicated or deeded, whichever the case may be, for either public park or subdivision recreation purposes, shall be in a location and of a shape approved by the Planning Commission and the Township Board in reviewing the preliminary plat. Said land shall be graded and developed so as to have natural drainage.
   (e)   Prior to approval of a subdivision open space plan, the Township shall conduct a public hearing and determine that the plan meets at least two of the following objectives:
      (1)   Provides a more desirable living environment by preserving the natural character of stands of trees, brooks, topography and similar natural assets.
      (2)   Provides a more creative approach in the development of residential areas.
      (3)   Provides a more efficient, aesthetic and desirable use of open area, allowing the developer to bypass natural obstacles in the site.
   (f)   Under this planned unit approach, the subdivider shall dedicate or deed, as determined by the Township, the total park area at the time of filing of the final plat on all or any portion of the plat, unless otherwise agreed to by the Township.
   (g)   Where the open space is dedicated to the landowners or their representative, such park area shall be maintained by the same. In the event of a default in maintenance, said open space shall, if accepted by the Township, either be deeded to the Township of Clinton or, in lieu thereof, the lots in the subdivision shall be assessed equally as a tax lien to provide for necessary maintenance.
   (h)   The subdivision open space plan shall be acceptable only in those instances where the entire preliminary plat, after public hearing by the Planning Commission and approval by the Township Board, is carried through a final plat and is recorded in its totality. Recording of portions of a plat designed under this option shall not be acceptable.
(Ord. 260. Passed 7-9-79.)