(1) Purpose. The intention of a conservation subdivision is to compatibly integrate development with the natural features of the site to accomplish the following objectives:
(a) The perpetual preservation of natural habitat areas and land forms unique to Lino Lakes;
(b) The creation of open spaces for passive and active recreational uses;
(c) The creation of well designed residential neighborhoods that feature common open space; and
(d) The establishment of a unified landscape amenity for the enjoyment of the city residents.
(2) Open space classification designations. Each open space area shall be classified in one of the following categories: natural habitat, neighborhood recreation or pedestrian corridor open space and shall conform to the type of use, location criteria and deed restrictions of that classification.
(a) Natural habitat. The development shall preserve the maximum quantity of natural habitat open spaces in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to, fields, wetlands, slopes, bluffs, dense woods, water courses, lakes, ponds, streams, shorelands and other environmentally sensitive areas or desirable viewsheds. Natural habitat open spaces may be preserved as conservation easements or outlots with shared ownership among the property owners or dedicated to a public agency.
(b) Neighborhood recreation. The development shall locate neighborhood recreation open spaces so that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons, playgrounds, ballfields, gardens and the like.
(c) Trail corridors. Trail corridor open spaces may include, but are not limited to, established regional trails, local pathways or paved walkways. Public trail corridor park land dedications shall be a minimum of 20 feet in width. Private trail corridors may be established by easement or outlot under the ownership of a homeowners association. Trail corridor open space shall be used for pedestrian, bicycle and/or equestrian travel. Motorized vehicles shall be prohibited.
(d) Habitable structures. Habitable structures shall not be permitted in any of the designated open spaces. Open and recreational structures may be permitted within open spaces.
(3) Ownership and management. Each designated open space designated shall be owned and managed according to the following means, subject to city approval.
(a) Common ownership. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information:
1. The legal description of the common lands or facilities;
2. The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions;
3. A mechanism for resolving disputes among the owners or association members;
4. 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;
5. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership.
(b) Natural habitat. Open space may be deeded to an established land trust or non-profit organization. Management shall be the responsibility of the land trust or non-profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non-profit organization.
1. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non-profit organization as provided in M.S. §§ 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof. Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement that the area subject to the restrictions be platted as a separate outlot.
2. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the city.
(c) Neighborhood recreational and trail corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the public recreational areas shall be the responsibility of the city.
(4) Residential lot siting.
(a) Residential lot areas shall consist of buildable land as defined in § 1001.007.
(b) Residential lots shall be sited in a manner that preserves existing significant tree cover on the site.
(c) The lots of a neighborhood may be arranged so that a majority of the principle structures will take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream or other open space which could be described as a view shed.
(d) The lots may be arranged that the principle structures face a local street enhanced with landscaping, street trees, boulevards, medians or other landscaping techniques appropriate to the city's street design standards.
(Ord. 04-03, passed 2-24-2003; Am. Ord. 02-09, passed 2-23-2009.)