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1008.20 - OPEN SPACE MAINTENANCE, PRESERVATION AND DEVELOP~4ENT <br /> <br />1. Maintenance Of Conunon O~en Space: O~eratin~ and <br />Maintenance Requirements For Residential Subdivision Common O~en <br />Space Facilities. Where certain land areas or structures are <br />provided within the subdivision for private recreational use or <br />as comraon 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 /> <br />A. Dedicated to the public where a community-wide use <br />would be anticipated; or <br /> <br />B. Subdivider's ownership and control; or <br /> <br />C. Landowners (Homeowners) Association ownership and <br />control, provided all of the following conditions are met: <br /> <br />i. The Landowners (Homeowners) Association must be <br />established prior to the sale of any lot; <br /> <br />ii. Membership must be mandatory for each owner and <br />any successor in interest; <br /> <br />iii. The open space restrictions must be in perpetuity <br />and not for a specified term of years; <br /> <br />iv. The Association must be responsible for liability <br />insurance, local taxes, and the maintenance of <br />residential and other facilities; <br /> <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 /> <br />vi. The Association must be able to adjust the <br />assessment to meet changed circumstances and needs. <br /> <br />2. Open Space Preservation Plats <br /> <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 A1 districts in accordance with this <br /> <br /> <br />