The following requirements apply in addition to other pertinent requirements of this chapter where a preliminary plat is filed for approval under the Subdivision Open Space Section of the zoning ordinance:
(A) Statement of principles. Consideration by the municipality of proposed optional use of Subdivision Open Space Plan shall reflect the following basic principles:
(1) The subdivision open space section of the zoning ordinance provides an optional method of subdividing property, and approval of any Subdivision Open Space Plan is subject to the discretion of the City Council and shall be within the spirit and intent of the zoning ordinance.
(2) Particular attention shall be given by the municipality 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. Major attention shall be given to the benefits to be derived by the residents of the proposed subdivision and the municipality because of the Subdivision Open Space Plan.
(B) The application for approval of Subdivision Open Space Plans shall contain the following, in addition to the information required by other sections of this chapter.
(1) A complete description of the land proposed to be 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) Legal description, topographical survey, and soils inventory of the open land;
(b) Description of natural features on open land (stands of trees or other vegetation, streams or other bodies of water, and the like); and
(c) Other relevant factors.
(2) The proposed plan of development of the open land shall be contained in the application 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 nonpayment will constitute a lien on the property, thus avoiding municipal responsibility.
(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 that 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.
(C) If the City Council gives approval to the proposed Subdivision Open Space Plan, it shall instruct the City Attorney to prepare a contract setting forth the conditions upon which such approval is based, which contract, after approval by the City Council, shall be entered into between the municipality and the proprietor prior to the approval of any preliminary plat.
(Ord. 115, passed 8-13-75)