(a) The intent of the subdivision open space plan is to promote the following objectives:
(1) To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets;
(2). To encourage developers to use a more creative approach in the development of residential areas;
(3) To encourage a more efficient, aesthetic and desirable use of open areas while recognizing a reduction in development costs and allowing the developer to bypass or preserve natural amenities or obstacles on the site; and
(4) To encourage the provision of open space within a reasonable distance of all lot development of the subdivision and to further encourage the development of recreational facilities.
(1) The area and width of lots in the R-1 District may be reduced as follows:
Minimum Lot Minimum Lot
Zoning District Area (sq. ft.) Width (ft.)
R-1 8,400 70
Such lot area and lot width reductions are permitted, provided the dwelling unit density is not greater than 4.3 dwellings per acre.
The area used for computing density shall be the net site area, excluding any dedicated interior public right of way and excluding rights of way of boundary roads.
(2) Rear yards may be reduced by ten feet when such lots border on land dedicated for private parks, recreation or usable open space area, provided the width of the reserved land is not less than seventy-five feet, measured from the rear lot line of any given lot to the nearest lot line of any opposing lot.
(3) Under paragraph (b)(1) hereof, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements outlined in Section 1298.01 for the R-1 District, at least equal amounts of land shall be reserved for the common use of the lot owners of the subdivision and maintained by them in a manner approved by the City.
(4) The area to be reserved for subdivision open space and recreation purposes shall, in no instance, be less than fifteen percent of the net area of the site, provided a parcel divided by a road or stream may be considered as one parcel. Further, each such area of land dedicated for common use shall:
A. Not include any area used for street purposes;
B. Be designed and laid out in such a manner that it shall directly border a majority of the lots within the subdivision;
C. Be provided with a significant means of access by streets or pedestrian accessways to all areas reserved for the common use of the land for those lots in the subdivision that do not directly border the common areas;
D. Be designed and laid out in such a manner that at least one portion of the total common area shall be capable of being used for active recreational purposes;
E. Contain no active recreational areas at or along the outer perimeters of the subdivision, except that such areas may extend to the outer perimeter of the subdivision when the area can be connected to like active recreation areas in adjacent subdivisions. Open space areas, other than those intended for active recreational use, may extend to or along the outer perimeter of the subdivision.
F. Not include bodies of water and subaqueous areas unsuitable for recreational purposes as part of the land area necessary to meet the minimum requirements of this subsection when such land comprises more than twenty-five percent of the total common area, except that lakes or ponds, when landscaped and maintained as an integral part of a larger common area within the development, may be included in usable open space computations; and
G. Be designed and laid out in such a manner that all land reserved for common use shall maintain its natural drainage. The entire common area may, however, be located in a floodplain.
(c) The reasonableness of the subdivision open space plan option on any given parcel of land shall be subject to review and approval of the Planning Commission and Council as to lot layout, street configuration and the location, size and overall layout of the open space areas. Review of a conceptual development plan shall first be made by the Commission for recommendation to Council. Approval of the conceptual development plan by Council shall authorize the applicant to proceed with the preparation of the preliminary plan based on the general layout of the approved conceptual development plan.
(d) The Planning Commission and Council, in carrying out its review of the common areas of the plan, shall find:
(1) The location, size and overall shape of the proposed common areas are suitable for the purposes for which they are intended.
(2) Those portions of the total common land area intended for active recreational purposes are of adequate size and shape to permit active recreational use and are generally unencumbered by extensive tree cover, shrub masses, changes in topography, poor soil conditions or other conditions that would make use of the area undesirable for the activity intended.
(3) Whenever possible, the overall area of the common land flows throughout the subdivision in such a manner that it will directly serve the maximum number of lots possible.
(4) The overall area of common land, wherever possible, varies in width so as to take advantage of the natural amenities of the site, such as ground cover, streams, gullies, ground swales, etc., and so as to effectuate a more pleasing appearance.
(5) Wherever a variance of the widths of the common area is proposed, there shall be achieved, as closely as possible, a general balance between the narrower common land and the broader common land.
(6) The location, size and shape of proposed access points, open spaces, recreational areas and proposed accessory structures are clearly shown on the plan and identified, and these areas and structures, along with general use patterns and pedestrian circulation, relate well with the lots within the subdivision.
(e) Under the subdivision open space plan, the developer shall reserve the total park area in accordance with paragraph (b)(3) hereof at the time of filing of the final plat as required in the Subdivision Regulations.
(f) Upon acceptance and tentative preliminary plat approval of the plat, Council shall instruct the applicant to have prepared, for review and approval by the City's legal counsel, a contract setting forth the manner of the dedication and title of the open land or common area, the manner of ownership, the restrictive covenants required for membership rights and privileges, the manner of maintenance and the obligation to pay assessments for the same and provision for the City to effect use and maintenance as proposed and assess the cost thereof to the lot owners if necessary.
(g) Provisions for bonded or funded securities for the assurance of the installation of required improvements, utilities and facilities shall be in compliance with City requirements.
(Ord. 458. Passed 1-4-89.)