FINAL ORDINANCE NO. 81-37 - Laserfiche WebLink

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Lake Elmo Municipal Code Section 301.070 D. 16 Open Space Preservation District (OP) 2. The total open space area within the OP Development shall be a least fifty (50%) percent of the total buildable land area. The land that is not buildable shall be considered open space. Dwelling units shall be grouped so that at least 50% of the buildable land of the proposed development remains open space. The open space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. B. Open Space. 1. All open space shall be subject to a conservation easement and used for the purposes as defined by this ordinance. The land shall be controlled in one or more following manners as determined in the City's sole discretion: a. Owned by an individual or legal entity who will use the land for open space purposes as provided by permanent conservation restrictions (in accordance with M.S. §84C.01-.05), to an acceptable Land Trust as approved by the City and; or b. Deeded to the City of Lake Elmo for public purposes with permanent conservation restrictions (in accordance with M.S. §84C.01-05.), to an acceptable Land Trust as approved by the City. 2. Neighborhood recreational facilities shall be provided within each OP Development or as specified in the Lake Elmo Parks Plan. At least 7% of the total open space land area shall be dedicated for neighborhood recreational purposes including tot -lots, playgrounds and pathways as specified in the Park Dedication Policy. The open space land shall be maintained for the purposes for which it was set aside. If open space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will be maintained or returned to a natural state and who will be responsible for plan implementation. Developers shall provide copies of deed convenants to prospective purchasers, and conservation easements to the City, describing land management practices to be followed by the party or parties responsible for maintaining the open space.