1. 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 the zoning ordinance adopted by the city council 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 create drives with a rural or open space character.
2. B. Provision For Common Open Space:
1. The subdivider of a cluster subdivision shall submit plans of landscaping and improvements for the common open space. He shall also explain the intended use of the open space and provide details 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 residents 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 residential character, including plans for disposition or reuse of the property if the open space used is not maintained in the manner agreed upon or is abandoned by the owners.
3. Guarantee Of Common Open Space Improvements: As assurance of completion of common open space improvements, the subdivider shall be required to file with the city council a surety or cash bond or other agreement equal to one hundred fifty percent (150%) of the estimated common open space improvements cost in a form satisfactory to the city attorney, guaranteeing such completion within eighteen (18) months after such filing. Upon completion of the improvements for which a surety or cash bond or other agreement has been filed, the subdivider shall call for inspection by the city engineer through the building department, such inspection to be made within fourteen (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 or surety therefore shall be released. If the bonds or surety are not released, refusal to release and reasons therefore shall be given to the subdivider in writing.
4. Continuation Of Common Open Spaces: As assurance of continuation of common open space used 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 recording of the final plat; which easement will not give the general public the right of access, but will provide that the common open space remains open. The easement shall allow for the construction of structural recreational facilities by the lot owners association as long as not more than thirty percent (30%) of the open space is so encumbered.
5. Maintenance Of Common Open Space: In order to ensure maintenance of the common open space and other improvements where so required, the subdivider, prior to the recording of the final plat, shall cause to be incorporated under the laws of the state, a lot owners association. By proper covenants running with the land and through the articles of incorporation, and by laws of said association, it shall, among other things, be provided that:
1. Membership in the association shall be mandatory for each lot purchase, their guarantees, successors and assigns.
2. The common open space restrictions shall be permanent and not just for a period of years.
3. The association be responsible for maintaining liability insurance, paying general property taxes, and maintaining recreational and all other facilities.
4. All lot owners pay their prorated share of the costs of upkeep, maintenance and operation.
5. Any assessment levied by the association may become a lien on the real property of any lot owner.
6. In the event the lot owners association does not maintain the common open space and improvements as proposed and indicated at the time of the 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. 86-3, 3-11-1986)