[R.O. 2009 § 16.40.010; Ord.No. 4036 § 6(part),
1979]
The requirements of this Article apply where a preliminary plat
is filed for approval under a subdivision open space plan section
of an applicable zoning ordinance.
[R.O. 2009 § 16.40.020; Ord. No.
4036 § 6(1) (part), 1979]
Consideration by the Commission of proposed optional use of
a subdivision open space plan shall reflect the basic principles found
in this Chapter.
[R.O. 2009 § 16.40.030; Ord. No.
4036 § 6(1)(A), 1979]
The subdivision open space section of the zoning ordinance provides
an optional method of subdividing property and approval of any such
development is subject to the discretion of the City Council.
[R.O. 2009 § 16.40.040; Ord. No.
4036 § 6(1)(B), 1979]
Particular attention shall be given to the affect 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 by the Commission to the benefits to be derived by
the residents of the proposed subdivision and the City because of
the proposed development with minor consideration to be given to the
subdivider.
[R.O. 2009 § 16.40.050; Ord. No.
4036 § 6(1)(C), 1979]
A.
The following
objectives shall govern the approval or disapproval of the proposed
subdivision open space plan. The subdivision open space plan shall:
1.
Provide
a more desirable living environment by preserving the natural character
of open fields, stands of trees, brooks, hills and similar natural
assets;
2.
Encourage
developers to use a more creative approach in development of residential
areas;
3.
Encourage
a more efficient, aesthetic and desirable use of land while recognizing
a reduction in development costs and by allowing the developer to
by-pass natural obstacles on the site;
4.
Encourage
the provision of open space within reasonable distance of all lot
development so benefits may accrue to the subdivision and to further
encourage the development of recreational facilities and areas.
[R.O. 2009 § 16.40.060; Ord. No.
4036 § 6(2)(part), 1979]
[R.O. 2009 § 16.40.070; Ord. No.
4036 § 6(2)(A), 1979]
A.
A complete
description of the land proposed to be dedicated to common use, herein
called open land, shall be provided, including the following as a
minimum:
1.
Legal
description of open land;
2.
Topographic
survey of open land;
3.
Type
of soil in open land (soil samples and analysis may be required if
deemed necessary);
4.
Description
of natural features on open land (stands of trees or other vegetation,
streams or other bodies of water, etc.);
5.
Other
relevant factors.
[R.O. 2009 § 16.40.080; Ord. No.
4036 § 6(2)(B), 1979]
A.
The proposed
plan of development of the open land shall be contained in the application
and shall include the following as a minimum:
1.
How
legal title is to be held;
2.
How
the property shall be regulated;
3.
Provisions
for the payment of taxes;
4.
Persons
or corporations to be responsible for maintenance;
5.
How
maintenance is to be guaranteed;
6.
How
maintenance and development are to be financed;
7.
Proposed
uses of open land;
8.
What
improvements are to be constructed by the developer and an estimate
of the cost thereof prepared by a consulting engineer or architect;
9.
Other
relevant facts related to the proposed uses of open land.
[R.O. 2009 § 16.40.090; Ord. No.
4036 § 6(2)(C), 1979]
The application shall contain a statement of the benefits to
be realized by the residents of the proposed development with particular
reference to the objectives of this Chapter.
[R.O. 2009 § 16.40.100; Ord. No.
4036 § 6(3), 1979]
If the Commission is satisfied that the proposed subdivision
open space plan meets the letter and spirit of this Chapter and the
applicable Zoning Code and should be approved, it shall give preliminary
approval to the plat with the conditions upon which such approval
should be based.
[R.O. 2009 § 16.40.110; Ord. No.
4036 § 6(4), 1979]
If the Commission is not satisfied that the proposed subdivision
open space plan meets the letter and spirit of the applicable regulations
or finds that the approval of the subdivision open space plan will
be detrimental to existing development in the general area and should
not be approved, it shall communicate such disapproval to the subdivider
with the reasons thereof.
