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OSPD Ordinance 11/19/99 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 Al 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 . I s:\document\ordinanc\oa98-3.doc