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Draft of OSPD Ordinance <br /> 9/21/99 <br /> Page 7 <br /> • c) Open space in long narrow corridors in back yards does not qualify for <br /> conservation easements. <br /> d) Open space shall be maintained free of noxious weeds, litter or debris. <br /> e) 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 /> 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 /> 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 /> a) Legal description of the common lands or facilities. <br /> b) Membership in the Association is mandatory for all purchasers of <br /> 11111 homes in the development and their successors. <br /> c) 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 /> d) A mechanisms for resolving disputes among the owners or association <br /> members. <br /> e) Provide standards for scheduled maintenance of open spaces. <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 /> 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 /> 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 /> i) Any proposed change in the articles of association or incorporation <br /> • shall require the prior written approval of the City. <br /> \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\oa99osd4.doc <br />