AG 2009 11 16 - Laserfiche WebLink

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• Chapter Five District Development Standards provisions for ongoing maintenance and for long-term capital improvements; >i. Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided; tt~. Provides that any changes to the Plan be approved by the County; and sv. Provides for enforcement of the Plan. c. Maintenance of open space. ~. Passive open space maintenance is limited to removal of litter, dead tree and plant materials (that is obstructing pedestrian movement), and brush; weeding and mowing. Natural water courses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels. ~;. No specific maintenance is required for agricultural uses. ~~~. Active open space areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances or unhealthy conditions. d. Failure to maintain open space. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the County may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance The County may file an enforcement action for failure to maintain open space. The costs of such maintenance may be charged to the Homeowner's Association, or to the individual property owners that make up the Homeowner's Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. 8. Legal instrument for permanent protection. a. The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and enforceable by Cabarrus County. The instrument shall be one of the following: ~. A permanent conservation easement in favor of either: a) The Cabarrus Soil and Water Conservation District; or b) Aland trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or ~) A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity ~'" accepting the easement is not the County, then a third part' right of ~/ enforcement favoring the County shall be included in the easement. 5-19 Attachment number 3 G-4 Page 226