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OSPD Ordinance <br /> 11/19/99 <br /> Page 3 <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 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 /> ordinance, the City Subdivision Regulations and the intent <br /> and purpose of the City' s Comprehensive Plan. <br /> B. Objectives: <br /> i . Preserve permanent natural habitat, vegetated <br /> corridors for the movement of wildlife, scenic <br /> enjoyment, recreational use, agriculture and rural <br /> identity. <br /> ii. Allow innovation and greater flexibility in the <br /> design of residential developments . <br /> s:\document\ordinanc\oa98-3.doc <br />