|
B. Open Space Reservation: In any Planned Development,the amount of land not used by buildings,
<br /> accessory structures, and yards but required by the zoning of the site,shall be maintained open space
<br /> for the purpose of providing parks, recreational facilities,ways for pedestrian movement and
<br /> circulation,while conserving visually pleasing elements of the environment. Prior to the sale of any
<br /> lot,site, home or other structure a bond of sufficient surety determined by the City Engineer shall be
<br /> posted with the City for completion of said open space improvements prior to such sale.
<br /> The development plan shall clearly depict the amount of land to be maintained as permanent open
<br /> space.
<br /> C. Development Density: The development plan shall clearly depict the proposed density by land use
<br /> category.
<br /> D. Property Owners'Association: As part of the plan proposed for any Planned Development,the
<br /> developer shall submit a set of covenants running with the land providing for an automatic
<br /> membership in the Property Owners'Association,to be incorporated as a nonprofit organization,
<br /> operating under recorded land agreements,through which each property owner in the Planned.
<br /> Development is automatically subject to a charge for an appropriate proportionate share of the
<br /> expenses for maintaining the common property, open space and/or other activities of the Association.
<br /> Once established,the covenants shall continue and remain in force daring the entire existence of the
<br /> Planned Development.
<br /> E. Responsibility for Open Space: Nothing in this Section of the Code shall be construed as a
<br /> responsibility of the City of Batesville,either for maintenance or liability of the following,which
<br /> shall include but not be limited to: any private open areas, parks, recreational facilities. A hold-
<br /> harmless clause shall be incorporated in the covenants running with the land to this effect. It shall be
<br /> provided further, however,that when an owner of a Planned Development desires to dedicate certain
<br /> land areas to the City for public parks and recreational facilities, and the City approves the nature and
<br /> location of such lands,and accepts the dedicated areas,the City shal I be responsible for the operation
<br /> and maintenance of these lands and properties.
<br /> F. Common Open Spaces: The size, shape,dimension and location of the common open spaces shall be
<br /> determined by the Planning Commission in conjunction with the developer or subdivider with
<br /> consideration being given to the size and extent of the proposed development and the physical
<br /> characteristics of the land being developed. Consideration should also be given in providing parks,
<br /> recreational facilities, both active and passive, and pedestrian walkways.
<br /> Common open space shall be guaranteed by a restrictive covenant describing the open space and its
<br /> maintenance and improvement running with the land for the benefit of the residents of the Planned
<br /> Development. The developer shall file,at the time the approved final plat is filed, legal docurnents
<br /> that will produce the aforesaid guarantees and, in particular, will provide for restricting the use of
<br /> common open spaces for the designated purpose.
<br /> G. Landscaping Plan: In order to minimize the disturbance of the natural environment,a general
<br /> landscaping plan shall be required at the time of development plan submission showing the spacing,
<br /> sizes,and specific types of landscaping material. The Planning Commission shall review the
<br /> landscaping plan in conjunction with the review of the development plan. The preservation of the
<br /> natural amenities within the Planned Development shall be given due consideration which shall
<br /> include topography,trees,and ground cover, natural bodies of water,and other significant natural
<br /> features. Existing trees shall be preserved wherever possible. The location of trees shall be considered
<br /> when planning the common open space, location of buildings, underground services,walks, paved
<br /> areas, playgrounds, parking areas, and finished grade levels. The Planning Commission shall inquire
<br /> into the means whereby trees and other natural features will be protected during construction.
<br /> Excessive site clearing of top soil,trees and natural features before the commencement of building
<br /> operations shall be discouraged by the Planning Commission.
<br /> H. Transportation: The vehicular circulation system shall be designed so as to permit smooth traffic
<br /> flow with minimum hazards to pedestrian traffic Minor streets within Planned Development shall not
<br />
|