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• • 49 4. A mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes, and insurance premiums; 5. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership. (b) Natural habitat. Open space may be deeded to an established land trust or non - profit organization. Management shall be the responsibility of the land trust or non -profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non -profit organization. 1. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non -profit organization as provided in Minnesota Statutes M.S. 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof. Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement that the area subject to the restrictions be platted as a separate outlot. 2. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the city. (c) Neighborhood recreational and trail corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the public recreational areas shall be the responsibility of the city. (4) Residential lot siting. (a) Residential lot areas shall consist of buildable land as defined in § 1 001.007 Section 1001.7. (b) Residential lots shall be sited in a manner that preserves existing significant tree cover on the site. (c) The lots of a neighborhood may be arranged so that a majority of the principle structures will take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream, or other open space which could be described as a view shed. (d) The lots may be arranged that the principle structures face a local street enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the city's street design standards. (Ord. 04 -03, passed 2 -24 -2003) § 1001.100 STREETS AND ALLEYS. DRAFT JANUARY 26, 2009