01/14/2009 P&Z Packet - Laserfiche WebLink

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50 minimum of 20 feet in width. Private trail corridors may be established by easement or outlot under the ownership of a homeowners association. Trail corridor open space shall be used for pedestrian, bicycle, and /or equestrian travel. Motorized vehicles shall be prohibited. (d) Habitable structures. Habitable structures shall not be permitted in any of the designated open spaces. Open and recreational structures may be permitted within open spaces. (3) Ownership and management. Each designated open space designated shall be owned and managed according to the following means, subject to city approval. (a) Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least 1 open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information: 1. The legal description of the common lands or facilities; 2. The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions; 3. A mechanism for resolving disputes among the owners or association members; 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. DRAFT JANUARY 5, 2009