(A) Design standards.
(1) The design of the preliminary and final plats of the subdivision in relation to streets, blocks, lots, common open spaces, and other design factors shall be in harmony with the intent of zoning regulations, elements of the master plan that have been adopted by the Commission, and design standards recommended by the Planning Commission and approved by the City Council.
(2) Streets shall be so designed as to take advantage of open space vistas and to create drives with a rural or open space character.
(3) Cluster subdivisions, in areas of the city where year-round living is normally expected or proposed, shall use the following design elements in preparation of the preliminary plat of the cluster subdivision.
(a) A majority of the proposed lots shall have direct access to the common open space. The remaining lots shall be connected to the common space by a trail system or by a sidewalk system in urban-type subdivisions.
(b) The proposed common open space shall consist of land which, under normal circumstances, could be considered for subdivision. Land which could normally not be developed but provides an amenity may also be a part of the common open space. This may include riding arenas, lakes, developed play areas, golf courses, or other similar such amenities.
(c) The number of lots in any cluster shall be approved by the Planning Commission. The design of the clusters shall generally be such that open space vistas or developed open spaces intercede between clusters.
(B) Provision of common open space.
(1) The subdivider of a cluster subdivision shall submit plans of landscaping and improvements for the common open spaces. He or she shall also explain the intended use of the open space and provide detailed provisions of how the improvements thereon are to be financed and the area maintained. A cluster subdivision must meet the requirements of the zoning ordinance, must assure proper use, construction, and maintenance of open space facilities, and must result in a development superior to conventional development in terms of its benefits to future owners of the subdivision, surrounding residents, and the general public.
(2) The Planning Commission may place whatever additional conditions or restrictions it may deem necessary to ensure development and maintenance of the desired character, including plans for deposition or re-use of property if the open space use is not maintained in the manner agreed upon or is abandoned by the owners.
(C) Guarantee of common open space improvements. As assurance of completion of common open space improvements, the subdivider may be required to file with the City Council a surety or cash bond guaranteeing such completion in a manner satisfactory to the City Council, within two years of such filing. Upon completion of the improvements for which a surety or cash bond has been filed, the subdivider shall call for inspection by the Planning Commission, such inspection to be made within 14 days from the date of request. If inspection shows that landscaping and construction have been completed in compliance with the approved plan, the bonds therefor shall be released within seven days from the time of inspection. If the bonds are not released, refusal to release and reasons therefor shall be given to the subdivider in writing, also within seven days from the time of inspection.
(D) Continuation of common open space. As assurance of continuation of common open space use, in accordance with the plans approved by the Planning Commission, the subdivider shall grant to the city an open space easement on and over the common open space prior to the recording of the final plat, which easement will not give the general public right of access but will provide that the common open space remains open.
(E) Maintenance of common open space, and the like.
(1) As assurance of maintenance of the common open space and other improvements where so required, the subdivider shall cause to be formed, prior to the recording of the final plat, a Lot Owners’ Association, and shall establish articles of incorporation of the Association, bylaws, and covenants outlining the purpose, organization, and operation of the Association.
(2) Such articles of incorporation and covenants shall, among other things, provide:
(a) Membership shall be mandatory for each lot purchased and each successive buyer;
(b) Common open space restrictions must be permanent, not just for a period of years;
(c) The Association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;
(d) Lot owners must pay their prorate share of the costs;
(e) The assessment levied by the Association can become a lien on the property;
(f) The Association must be able to adjust the assessment to meet changed needs; and
(g) In the event the Lot Owners’ Association does not maintain the common open space and improvements as proposed and indicated at the time of subdivision, the city may, at its option, do or contract to have done the required maintenance and recover the costs incident thereto by means of a lien against the involved properties of the members of the Lot Owners’ Association.
(Ord. 3-92 passed 1-15-1992)