1272.11 PROCEDURES.
   The Planning Commission shall review and approve site plans for a proposed Open Space/ Conservation Development according to the procedures set forth in Chapter 1240, Site Plan Review Procedures.
   (a)   Submission of Preliminary Site Plan. The applicant shall submit a Preliminary Site Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include the submission requirements in Chapter 1240 as well as the following:
      (1)   Identification of existing site characteristics, including a general depiction of:
         A.   Boundaries of the area proposed for development, dimensions and total acreage;
         B.   Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds, and water courses;
         C.   Locations of all wooded areas, tree lines, hedgerows, and specimen trees;
         D.   Delineation of existing drainage patterns on the property, existing wells and well sites; and,
         E.   Description of significant existing vegetation by type of species, health, quality, etc.
      (2)   The preliminary site plan shall include:
         A.   A preliminary layout of all dwelling units, including the building envelope;
         B.   The location of any proposed recreational facilities;
         C.   Natural features to be conserved and any required buffer areas; and,
         D.   Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.
      (3)   An outline of the method/structure to perpetually preserve the required open space which indicates, as applicable:
         A.   The structure of the association;
         B.   Membership requirements;
         C.   Financial responsibilities; and,
         D.   Any entity having responsibilities related to the preservation of the required open space.
      (4)   A description of the project phasing, if any, including the phased construction of open space improvements.
   (b)   Significance of Approved Plan. Approval of the preliminary site plan shall:
      (1)   Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, if any, and street alignments.
      (2)   Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved preliminary site plan.
      (3)   Provide the benchmark for the City to consider and approve amendments to the preliminary site plan when the City determines that the amended plan is equal to or better than the approved preliminary site plan.
      (4)   Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
   (c)   Final Site Plan. Prior to receiving a Zoning Certificate, the final site plan must be approved by the Planning Commission according to the procedures in Chapter 1240, Site Plan Review Procedures. Such final site plan may be approved for a phase of the project, or the final site plan may include the entire project.
      (1)   Submission Requirements. In addition to the requirements in Chapter 1240 the final site plan shall include:
         A.   A site plan indicating:
            i.   Dimensions of building spacing including all lots and the maximum parameters, or building envelopes that indicate where buildings and accessory structures such as but not limited to decks and patios will be located, and shall demonstrate that such building location will be in compliance with the spacing requirements of this Chapter; and,
            ii.   Designated open space areas and a description of proposed open space improvements.
         B.   Conditions imposed by other regulatory agencies.
      (2)   Review by the City's Law Director. The City's Law Director shall review the Declaration, Articles of Incorporation and Code of Regulations for a Homeowners' Association, and any other final covenants and restrictions and maintenance agreements to be imposed upon the Open Space/Conservation Development. A written opinion shall be provided to the Planning Commission verifying that the submitted documents demonstrate full compliance with the requirements for Owners' Associations in this Chapter.
(Ord. 2010-059. Passed 3-7-11.)