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OSPD Ordinance <br />11/17/99 <br />Page 8 <br /> <br />a. Open spaces shall be protected by the <br />placement of a conservation easement over them. <br /> <br />b. Open space shall be in a contiguous, <br />connected configuration including or adjacent to <br />existing natural areas or parks. <br /> <br />c. Open space in long narrow corridors in back <br />yards does not qualify as open space for <br />conservation easements. <br /> <br />d. Open space shall be maintained free of <br />noxious weeds, litter or debris. <br /> <br />e. Open space shall be owned by an individual, <br />homeowner's association, or other legal entity <br />which will use the land for open space purposes <br />pursuant to a conservation easement. <br /> <br />f. Open space may be dedicated as City Park <br />with arecommendation by the Park and Recreation <br />Commission, and if so, shall comply with the City <br />of Elk River Master Park and Recreation Plan and <br />Section 1008.18 of the Elk River Subdivision <br />Ordinance <br /> <br />iii. Homeowner's Associations. Where applicable, a <br />homeowner's association shall be established to <br />permanently maintain all Preserved Open Space and <br />recreational facilities. Such homeowner's association <br />management agreements shall be established prior to <br />the sale of any lots. Homeowner's association <br />management agreements shall include the following: <br /> <br />a. Legal description of the common lands or <br />facilities. <br /> <br />b. Membership in the Association is mandatory <br />for all purchasers of homes in the development <br />and their successors. <br /> <br />c. Restrictions placed upon the use and <br />enjoyment of the lands or facilities including <br />the persons or entities entitled to enforce the <br />restrictions. <br /> <br />d. A mechanism for resolving disputes among <br />the owners or association members. <br /> <br />e. Provide standards for scheduled maintenance <br />of open spaces. <br /> <br />s: \ document \ ordinanc \ oa98-3.doc <br /> <br /> <br />