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A. Preserved open space standards. <br />1. With the exception of stormwater facilities which must be dedicated to the <br />city, all preserved open space within an open space planned unit <br />development shall be subject to a conservation easement and used for the <br />purposes listed in LEC 105.12.980. <br />2. Preserved open space land shall be controlled in one or more of following <br />manners as determined at the sole discretion of the city council: <br />a. Owned by an individual or legal entity who will use the land for a <br />specific set of purposes which is subject to a permanent conservation <br />easement (in accordance with M.S.A. ch. 84C.01-.05, as it may be <br />amended from time to time), which is held by a holder as defined by <br />M.S.A. ch. 84C.01(2) as approved by the city; and/or <br />b. A conservation easement conveyed to the city; <br />c. Owned as an outlot by the city (this option may only be used for land <br />being dedicated to the city for stormwater maintenance and <br />conveyance purposes). <br />3. Preserved open space land shall be maintained for the purposes for which it <br />was set aside. If preserved open space was set aside for agricultural purposes <br />or for natural habitat, a plan shall be submitted which will indicate how the <br />land will be maintained or returned to a natural state and who will be <br />responsible for plan implementation. Developers shall provide copies of <br />proposed homeowners’ association declarations and conservation <br />easements to the city describing land management practices to be followed <br />by the party or parties responsible for maintaining the preserved open space <br />for the city’s review prior to recording of these documents. <br />4. Where applicable, a homeowners’ association shall be established to <br />permanently maintain all residual open space and recreational facilities. The <br />homeowners’ association’s declaration must guaranty continuing <br />maintenance and give assessment rights to the city if there is lack of the <br />maintenance. The homeowners’ association declaration shall be submitted <br />to the city as part of the documentation requirements of LEC 105.12.1080(c) for <br />an open space PUD final plan. <br />B. Septic system design standards. <br />1. In general. The placement and design of all septic systems shall conform to <br />the requirements of the county. <br />2. Individual septic drain fields. Sites for individual septic drain fields, both <br />primary and secondary, must be located entirely within each lot and cannot <br />be located within any easement. <br />3. Communal drain fields. <br />a. Communal drain fields may be partially or completely located in an <br />area designated as preserved open space, provided the ground cover is <br />restored to its natural condition after installation, and recreational <br />uses are prohibited above or within 50 feet of communal drain fields <br />or as approved by the city engineer.