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5.11
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OSPD Ordinance <br /> 11/19/99 <br /> Page 8 <br /> a. Open spaces shall be protected by the <br /> placement of a conservation easement over them. <br /> b. Open space shall be in a contiguous, <br /> connected configuration including or adjacent to <br /> existing natural areas or parks . <br /> c. Open space in long narrow corridors in back <br /> yards does not qualify as open space for <br /> conservation easements . <br /> d. Open space shall be maintained free of <br /> noxious weeds, litter or debris . <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 /> 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 /> 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 /> a. Legal description of the common lands or <br /> facilities . <br /> b. Membership in the Association is mandatory <br /> for all purchasers of homes in the development <br /> and their successors. <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 /> d. A mechanism for resolving disputes among <br /> the owners or association members . <br /> e. Provide standards for scheduled maintenance <br /> of open spaces . <br /> s:\document\ordinanc\oa98-3.doc <br />
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