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OSPD Ordinance 11/17/99 Page 3 A. Dedicated to the public where a community-wide use would be anticipated; or B. Subdivider's ownership and control; or C. Landowners (Homeowners) Association ownership and control, provided all of the following conditions are met: i. The Landowners (Homeowners) Association must be established prior to the sale of any lot; ii. Membership must be mandatory for each owner and any successor in interest; iii. The open space restrictions must be in perpetuity and not for a specified term of years; iv. The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities; v. Landowners (Homeowners) must pay their pro rata share of associated costs and the assessment levied by the Association shall become a lien on the property in accordance with the Law; and vi. The Association must be able to adjust the assessment to meet changed circumstances and needs. 2. Open Space Preservation Plats A. Statement of Purpose. The purpose of Open Space Preservation Plats (OSP) is to maintain the rural and semi- rural character of Elk River and provide public benefit by preserving woodlands, vegetated corridors, agricultural land, open space, and other significant natural features; require less land for development, and to allow an alternative to standard single-family detached residential plats in the Rla and A1 districts in accordance with this ordinance,the City Subdivision Regulations and the intent and purpose of the City's Comprehensive Plan. B. Objectives: i. Preserve permanent natural habitat, vegetated corridors for the movement of wildlife, scenic enjoyment, recreational use, agriculture and rural identity. ii. Allow innovation and greater flexibility in the design of residential developments. s: \ document \ ordinanc \ oa98-3.doc