AG 2009 11 16 - Laserfiche WebLink

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CABARRUS COUNTY ZONING ORDINANCE 1. Other conservation-oriented uses compatible with the purposes of these regulations. 6. Prohibited uses of open space. Open space shall not include the following: a. Golf courses and above-ground utility rights-of-way in the Rural Tier. b. Community or individual wastewater disposal systems in the Rural Tier; c. Streets (except for street crossings as expressly provided above) and parking areas; d. Agricultural and forestry activities not conducted according to a conservation plan approved by the Cabarrus Soil and Water Conservation District or a forest management plan approved by the NC Division of Forestry; and e. Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection. 7. Ownership and management of open space. a. Ownership of open space. No residential lots shall be allowed to extend into the required open space. Open space shall be accepted and owned by one of the following entities: Cabarrus Soil and Water Conservation District. The responsibility for maintaining the open space and any facilities shall be borne by the District. ii. Cabarrus County. The responsibility for maintaining the open space and any facilities shall be borne by the County. rii. Land conservancy or land trust. The responsibility for maintaining the open space and any facilities shall be borne by a land conservancy or land trust. iv. Homeowners association. A homeowners association representing residents of the subdivision shall own the open space. Membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. The Homeowners' Association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities shall be borne by the Homeowner's Association. ~. Private landowner. A private landowner may retain ownership of open space, provided that a conservation easement approved by the Cabarrus County Soil and Water Conservation District is recorded. The responsibility for maintaining the open space and any facilities shall be borne by the private landowner. b. Management plan. Applicants shall submit a Plan for the management of open space and other common facilities that: Allocates responsibility and guidelines for the maintenance and operation of the open and any facilities located thereon, including Jr-18 Attachment number 3 G-4 Page 225