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1008.20 - OPEN SPACE MAINTENANCE, PRESERVATION AND DEVELOPMENT <br /> 1 . Maintenance Of Common Open Space: Operating and <br /> Maintenance Requirements For Residential Subdivision Common Open <br /> Space Facilities. Where certain land areas or structures are <br /> provided within the subdivision for private recreational use or <br /> as common service facilities, the owner of such land and <br /> buildings shall enter into an agreement with the city to assure <br /> their continued operation and maintenance to a predetermined <br /> reasonable standard. These common areas may be placed under the <br /> ownership of one of the following, depending upon which is more <br /> appropriate in the discretion of the City: <br /> A. Dedicated to the public where a community-wide use <br /> would be anticipated; or <br /> B. Subdivider' s ownership and control; or <br /> C. Landowners (Homeowners) Association ownership and <br /> control, provided all of the following conditions are met: <br /> i. The Landowners (Homeowners) Association must be <br /> established prior to the sale of any lot; <br /> ii. Membership must be mandatory for each owner and <br /> any successor in interest; <br /> iii . The open space restrictions must be in perpetuity <br /> and not for a specified term of years; <br /> iv. The Association must be responsible for liability <br /> insurance, local taxes, and the maintenance of <br /> residential and other facilities; <br /> v. Landowners (Homeowners) must pay their pro rata <br /> share of associated costs and the assessment levied by <br /> the Association shall become a lien on the property in <br /> accordance with the Law; and <br /> vi . The Association must be able to adjust the <br /> assessment to meet changed circumstances and needs. <br /> 2. Open Space Preservation Plats <br /> A. Statement of Purpose. The purpose of Open Space <br /> Preservation Plats (OSP) is to maintain the rural and semi- <br /> rural character of Elk River and provide public benefit by <br /> preserving woodlands, vegetated corridors, agricultural <br /> land, open space, and other significant natural features; <br /> require less land for development, and to allow an <br /> alternative to standard single-family detached residential <br /> • plats in the Rla and Al districts in accordance with this <br />