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FINAL ORDINANCE NO. 08-152
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FINAL ORDINANCE NO. 08-152
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5/19/2026 12:30:41 PM
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conservation easement and used for the purposes listed in § 154.650. <br />(b) Preserved open space land shall be controlled in one or more of following manners as <br />determined at the sole discretion of the City Council: <br />(i) Owned by an individual or legal entity who will use the land for a specific set of <br />purposes outlined by a permanent conservation easement (in accordance with M.S. Ch. <br />84C.01-.05, as it may be amended from time to time), which is conveyed to an <br />acceptable land trust as approved by the city; and/or <br />(ii) Conveyed by conservation easement to the city. <br />(iii) Owned as an Outlot by the City (this option may only be used for land being dedicated <br />to the City for stormwater maintenance and conveyance purposes). <br />(c) Preserved open space land shall be maintained for the purposes for which it was set aside. <br />If preserved open space was set aside for agricultural purposes or for natural habitat, a <br />plan shall be submitted which will indicate how the land will be maintained or returned to <br />a natural state and who will be responsible for plan implementation. Developers shall <br />provide copies of common interest community (CIC) declarations to prospective <br />purchasers, and conservation easements to the city, describing land management practices <br />to be followed by the party or parties responsible for maintaining the preserved open <br />space. <br />(d) Where applicable, a Common Interest Community association shall be established to <br />permanently maintain all residual open space and recreational facilities. The Common <br />Interest Community association agreements, guaranteeing continuing maintenance, and <br />giving lien right to the city if there is lack of the maintenance shall be submitted to the <br />city as part of the documentation requirements of § 154.661(3) for an open space PUD <br />Final Plan. <br />(2) Septic System Design Standards <br />(a) In General <br />The placement and design of all septic systems shall conform to the requirements of <br />Washington County. <br />(b) Individual Septic Drain fields <br />Sites for individual septic drain fields, both primary and secondary, must be located <br />entirely within each lot and cannot be located within any easement. <br />(c) Communal Drain Fields. <br />(i) Communal drain fields may be partially or completely located in an area designated as <br />preserved open space provided the ground cover is restored to its natural condition <br />after installation, and recreational uses are prohibited above or within 50 feet of <br />communal drain fields or as approved by the City Engineer. <br />(ii) Communal drain fields, if installed, shall be professionally maintained, and are <br />acceptable once legally sufficient documentation has been provided by the developer <br />Page 11 of 26 <br />
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