(A) Final development plan. Before such uses as were authorized by the Planning Commission's approval of the general plan and the issuance of the conditional zoning certificate for the overall project may be begun, a zoning certificate must be obtained for each structure, and only after final approval of uses has been obtained from the Planning Commission. For final approval of uses, the owner shall file a final development plan for any specific area within the project or the overall project with the Planning Commission together with a letter of application for such approval. Such final development plan must show the following:
(1) The area to be developed and the area to be devoted to open spaces for the use of all residents of the area with accurate acreage, courses, and distances are determined by a licensed engineer or surveyor who shall sign such plan and certify to accuracy thereof. The boundaries of any area for which final development plan approval is requested shall not be gerry-mandered to comply with the density and open space acreage criteria but shall be proportioned and allotted so that required open space is convenient to the residential properties included in the area submitted for final approval.
(2) The location and floor plans of all buildings, descriptive data as to the type of buildings, the number of dwelling units in each separate type and bedrooms per unit of apartment (multi-family dwelling) buildings, and the number of bedrooms in each apartment unit.
(3) A title guarantee or rider to an existing policy, prepared by a reputable title company, showing the legal description of the land which has been set aside for open space, and showing appropriate restrictions, limiting the use of such land to recreation and open space in perpetuity; granting owners and residents of the area to be developed a right and easement of use in such open space.
(4) A detailed plan setting forth the manner, means and proposed time of transfer of the land reserved for open space to a nonprofit entity and the obligations and rights of use of such open space by all residents of the area.
(5) A detailed landscaping plan for all areas proposed for parking, two-family, and multi-family development.
(B) Conditions for final approval of uses. The Planning Commission shall review the final development plan and approve, modify and approve or disapprove an application for final approval of uses and transmit notice thereof to the applicant within 30 days after the filing of an application for final approval of uses in planning unit residential development. The Planning Commission shall give the final approval of uses only upon finding that the following conditions are met:
(1) No applicable, general or specific requirement of the zoning ordinance, as existing at the time of general plan approval, is violated by the final development plan.
(2) The final development plan accurately sets forth the area to be developed and the area to be set aside as open space with appropriate boundaries established by course and distances and the acreage within the area to be approved is set forth as well as the acreage of the area to be set aside as open space for the use of all residents of the area.
(3) The final development plan is substantially in accordance with the general plan which had been previously filed with and approved by the Planning Commission and for which the conditional zoning certificate had been issued.
(4) The density of dwelling units in any area does not exceed that shown on the general plan. The overall density of the district has not been exceeded with respect to the total figure shown on the general plan.
(5) The area reserved for open space and recreation in the sum of all areas for which final development plan approval has been given or is requested shall never be less than 25% of the cumulative acreage of all areas for which final development plan approval has been given or requested.
(6) Satisfactory progress has been made in previously approved segments with respect to the provision and improvement of indicated recreational facilities.
(7) The final development plan accurately sets forth a schedule demonstrating proportionate development of the open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction. Any such construction covered by a performance bond shall be completed within one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupance permits.
(Ord. 101, passed 4-11-77)