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i. Allocates responsibility and guidelines for the maintenance and operation of the <br />open and any facilities located thereon, including provisions for ongoing <br />maintenance and for long -term capital improvements; <br />ii. Estimates the costs and staffing requirements needed for maintenance and <br />operation of, and insurance for, the open space and outlines the means by which <br />such funding will be obtained or provided; <br />iii. Provides that any changes to the Plan be approved by the County; and <br />iv. Provides for enforcement of the Plan. <br />C. Maintenance of open space <br />�. Passive open space maintenance is limited to removal of litter, dead tree and <br />plant materials (that is obstructing pedestrian movement), and brush; weeding <br />and mowing. Natural water courses are to be maintained as free - flowing and <br />devoid of debris. Stream channels shall be maintained so as not to alter <br />floodplain levels. <br />ii. No specific maintenance is required for agricultural uses. <br />iii. Active open space areas shall be accessible to all residents of the development. <br />Maintenance is limited to ensuring that there exist no hazards, nuisances or <br />unhealthy conditions. <br />d. Failure to maintain open space <br />In the event the party responsible for maintenance of the open space fails to <br />maintain all or any portion in reasonable order and condition, the County may <br />assume responsibility for its maintenance and may enter the premises and take <br />corrective action, including the provision of extended maintenance. The County may <br />file an enforcement action for failure to maintain open space. The costs of such <br />maintenance and the enforcement action may be charged to the Homeowner's <br />Association, or to the individual property owners that make up the Homeowner's <br />Association, and may include administrative costs and penalties. Such costs shall <br />become a lien on all subdivision properties. <br />8. Legal instrument for permanent protection <br />a. The open space shall be protected in perpetuity by a binding legal instrument that is <br />recorded with the deed and enforceable by Cabarrus County. The instrument shall be <br />one of the following: <br />i. A permanent conservation easement in favor of either. <br />a) The Cabarrus Soil and Water Conservation District; or <br />b) A land trust or similar conservation - oriented non - profit organization with <br />legal authority to accept such easements. The organization shall be bona <br />fide and in perpetual existence and the conveyance instruments shall <br />contain an appropriate provision for re- transfer in the event the <br />organization becomes unable to carry out its functions; or <br />c4 A governmental entity with an interest in pursuing goals compatible with <br />the purposes of this ordinance. If the entity accepting the easement is <br />Attachment number 3 \n <br />G -4 Page 382 <br />