06.01 & 06.02 - Prelim Plat Appl-Wilderness Resort, Ordinance Amendment

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Planning Commission Report to the Council, April 2008 Page 6 described in this Subdivision. The City may require any one, or a combination of the following, L to ensure the long-term maintenance of the conservation parcel and any common facilities. A. Homeowner's Association. A homeowners association shall be established if the common open space is proposed to be owned by a homeowners association. Membership in the association is mandatory for all purchasers of homes in the development and their successors. The homeowners' association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval as part of the information required for the preliminary plat. The homeowners' association bylaws or the declaration of covenants, conditions, and restrictions of the homeowners association shall contain the following information: i. The legal description of the common land; ii. A description of common facilities; iii. The restrictions placed upon the use and enjoyment of the lands or facilities; iv. Persons or entities entitled to enforce the restrictions; v. 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; vi. A mechanism for resolving disputes among the owners or association members; vii. The conditions and timing of the transfer of ownership and control of land facilities to the association; viii. Any other matter the developer deems appropriate. B. A Nonprofit Conservation Organization. If the common open space is to be held by a nonprofit conservation organization, the organization must be approved by the City. The conveyance to the nonprofit conservation organization must contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to L. uphold the terms of the conveyance. C. Public Dedication of Open Space and Streets. The City may accept the dedication of fee title or dedication of a conservation easement to the common open space. The City may accept the common open space provided: i. The common open space is accessible to the residents of the Pequot Lakes; ii. The City agrees to and has access to maintain the common open space. iii. Streets or other public ways which have been designated on a duly adopted official map or element of the City's comprehensive plan shall be dedicated or reserved by the subdivider to the appropriate governing body. The street or public way shall be made a part of the plat in the locations and dimensions indicated in the comprehensive plan and as set forth in this ordinance. D. Individual Ownership. An individual may hold fee title to the land while a nonprofit or other qualified organization holds a conservation easement uses for the common open space. 6. Maintenance Plan. Every conservation subdivision must include a plan that provides evidence of a means to properly manage the conservation parcel in perpetuity and evidence of the long-term means to properly manage and maintain all common facilities, including any storm water facilities. The plan shall be submitted and approved prior to final plat approval. The plan shall do the following: A. Designate the ownership of the open space and common facilities in accordance with the provisions contained herein. B. Identify a timeframe for adoption and implementation of the maintenance plan by the designated ownership group(s). L C. Establish necessary regular and periodic operation and maintenance responsibilities. D. Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis. 14084 Baxter Drive, Suite 7 I Baxter, Minnesota 56425 1 218.828.3064 I www.communitygrowth.com