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COMMUNITYGROWTH CEO Of <br /> 1 N S T 1 T U T E P, M <br /> approval of any residential planned unit developments, the City <br /> will require adequate provisions developed for preservation and <br /> maintenance in perpetuity of open spaced and for the continued <br /> existence and functioning of the development as a community. <br /> (1) Common open space preservation. Deed restrictions, <br /> permanent conservation easements, public dedication and <br /> acceptance, or other equally effective and permanent <br /> means must be provided to ensure perpetual preservation <br /> and maintenance of common open space. For areas greater <br /> or equal to 10 acres, easements shall be held by the City, <br /> conservation organization, land trust or similar <br /> organization authorized to hold interest in real property <br /> pursuant to Minnesota Statutes, section 84C.01-05, as <br /> approved by the City. The City may also hold or co-hold an <br /> easement. The instruments of the easement must include <br /> all of the following protections: <br /> (a) commercial uses shall be prohibited for <br /> noncommercial developments; <br /> (b) vegetation and topographic alterations other than <br /> to prevent personal injury or property damage and <br /> for restoration efforts based on an approved <br /> shoreland vegetation buffer plan shall be <br /> prohibited; <br /> (c) construction of additional buildings, impervious <br /> surfaces, or storage of vehicles and other materials <br /> shall be prohibited; <br /> (d) beaching of motorized watercraft shall be <br /> prohibited; and <br /> (e) dumping, storage, processing, burning, burying or <br /> landfill of solid or other wastes shall be prohibited. <br /> (2) Development organization and functioning. Unless an <br /> equally effective alternative community framework is <br /> established, when applicable, all residential developments <br /> shall use an owners association with the following features: <br /> (a) Membership shall be mandatory for each dwelling <br /> unit or site purchaser and any successive <br /> purchasers. <br /> (b) Each member must pay a pro rata share of the <br /> association's expenses, and unpaid assessments can <br /> become liens on units or sites. <br /> (c) Assessments must be adjustable to accommodate <br /> changing conditions. <br /> (d) The association shall be responsible for insurance, <br /> taxes, and maintenance of all commonly owned <br /> property and facilities, and it must enforce <br /> covenants, deed restrictions, and easements. The <br /> association must have a land stewardship plan for <br /> common open space areas greater or equal to 10 <br /> acres specifically focusing on the long-term <br /> Pequot Lakes Staff Report 4(b)-ii <br /> January 15,2009 <br />