Laserfiche WebLink
<br />OSPD Ordinance <br />10/11/99 <br />Page 7 <br /> <br />. <br /> <br />e) <br /> <br />Open space shall be owned by an individual, homeowner's association, <br />or other legal entity which will use the land for open space purposes <br />pursuant to a conservation easement in favor of an acceptable Land <br />Trust as approved by the City. <br /> <br />f) Open space dedicated as City park shall comply with the City of Elk <br />River Master Park and Recreation Plan and Section 1008.18 of the <br />Elk River Subdivision Ordinance <br /> <br />2. Where applicable, a homeowner's association shall be established to <br />permanently maintain all residual open space and recreational facilities. <br />Such homeowner's association management agreements shall be established <br />prior to the sale of any lots. Homeowner's association management <br />agreements shall include the following: <br /> <br />a) Legal description of the common lands or facilities. <br /> <br />b) Membership in the Association is mandatory for all purchasers of <br />homes in the development and their successors. <br /> <br />c) <br /> <br />Restrictions placed upon the use and enjoyment of the lands or <br />facilities including the persons or entities entitled to enforce the <br />restrictions. <br /> <br />. <br /> <br />d) <br /> <br />A mechanisms for resolving disputes among the owners or association <br />members. <br /> <br />e) Provide standards for scheduled maintenance of open spaces. <br /> <br />f) Provide a plan guaranteeing continuing maintenance of open spaces <br />that shall be submitted to the City Council as part of the data <br />requirements for an open space development. <br /> <br />g) A mechanism to assess and enforce the common expenses for the land <br />or facilities including upkeep and maintenance expenses, real estate <br />taxes and insurance premiums. <br /> <br />h) The conditions and timing of the transfer of ownership and control of <br />land or facilities to the Association or the common ownership. <br /> <br />i) Any proposed change in the articles of association or incorporation <br />shall require the prior written approval of the City. <br /> <br />j) Any other matters the developer or City deems appropriate. <br /> <br />. <br /> <br />\ \elkriver \sys \shrdoc \planning\stevewen \ccmmo \oa99osd 4. doc <br />